Public easement is a legal right of people to use a property that belongs to someone else. This gives members of the public the right to use, access, and enjoy the property despite the fact that it’s privately owned. Easements are typically granted by landowners to public authorities, such as municipalities, local governments, or school districts. The most common types of public easements are for roads, sidewalks, highways, and railway systems.
Public Easement: The Right to Access Private Property
A public easement grants the right for the public to use—but not control or own—private property for various purposes. This type of easement allows the public access to specific areas, such as roads, sidewalks, lakes, public beaches, and public parks. For example, if a park is part of a private residential development, public easement would allow the public to use the park for leisure activities. However, the public would not have the right to build private structures or make permanent changes to the area.
What Are the Rights of an Easement Holder?
When a public easement is granted, the rights of the property holder—known as the easement holder—must be clearly outlined. The easement holder has the right to use, access, and enjoy the property as stated in the easement. This includes the right to travel on public roads or sidewalks, enjoy public beaches, or use public parks. The easement holder will usually also have the right to maintain, clean, or repair the public areas included in the easement.
What if I Own Property With a Public Easement?
If you own property with a public easement, you are responsible for maintaining any public areas included in the easement. This includes keeping the property clean and safe, and making sure that any public areas remain open and accessible to the public. You cannot build private structures on public easement land or otherwise restrict the public’s access to the area. Failure to comply with the terms of the public easement may result in legal action being taken against you by the easement holder.
The Bottom Line
Public easement is a legal right that grants public access to private property. The rights of the public and the property owner must be clearly spelled out in the public easement agreement. If you own property with a public easement, it’s important to understand your rights and responsibilities in order to ensure that your agreement is observed.