An example would be the granting of public access of a portion of the landowner’s property for a park or touring.Īn easement by prior use is based on a notion that, on occasion, landowners intend to form an easement, but forget to include it within the deed. Public EasementĪ public easement grants a certain defined area of land for public use.
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A landowner may simply grant permission for the other individual to use the property on a limited basis, but if access is denied, the individual must file a claim of easement by prescription, allowing the court to make a ruling.
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Each state has specific statues that determine the length of time a person can use a prescriptive easement, and whether the person holding the easement is required to pay a portion of the property taxes on the land being used. This differs from easement by necessity as the person acquiring the easement only uses the property for a set amount of time. Prescriptive EasementĪ prescriptive easement occurs when someone acquires easement over another’s land for a specific purpose. Although necessity creates a right to an easement, it is imperative to ensure the exact location of an easement by necessity is recorded on the deed. A landowner cannot be denied access to his home or property, and this is generally taken into account in the deeds when the land is originally divided. Situations often arise when one property owner must cross another’s land for a crucial purpose, such as accessing their land and home. For example, a property owner who has granted a solar access easement to his neighbor may not be allowed to plant trees or construct buildings, either of which would block sunlight, next to the easement Easement by Necessity Before granting a private easement, or purchasing a property that has this type of easement, it is vital that the property owner or potential buyer review the documents carefully, as a private easement often limits what the property owner can do on or around the defined area. This may be for a number of reasons, including giving a neighbor driveway access, or sharing a sewer line or well with a neighbor. Private easements occur when a property owner sells an easement to an individual. In the case of a utility easement, the property owner can use the property however they choose, as long as they do not interfere with the utility company or municipality’s use. These easements are typically described in the property deed and include a map defining the area to which the utility or municipality is entitled.
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The type of easement depends on the type of property involved, the relationship of the parties, and the specific use for which the easement is granted.Ī utility easement is perhaps the most common type and it involves giving easement rights to a utility company or the local municipality (city, county, or state) in general. There are several types of easement, each of which grants the holder specific use of the property. Defining the exact location, nature, and purpose of an easement in a deed or other legal document creates an “express easement.” Types of Easement This can become a complicated situation in the event the crossed property is sold to someone who does not wish to grant easement rights under an implied easement, and is not always held up in court.įor the creation of an easement to be legally binding, the document must be filed with the county Recorder. This is referred to as an “implied easement,” and often occurs when two neighbors simply agree that a driveway or other access is necessary to one property across the other, with no legal documentation. While an oral agreement for creation of an easement may be made, it does not always hold up in court. Easements are created when a property owner expresses language in a legal document.