Any easement that is recorded on the title to your property will include a reference number. A county clerk then can help you use that reference number to locate the original easement document for you to make a copy of. In general, there are three different types of easements:. As mentioned above, an easement by necessity is an easement that is created by law to allow a person to have a right of access to their property.
In addition, some utility companies or cities are granted easements and recorded in the plat records long before homes are built on the land. Utility easements attach to property deeds and pass to all future owners whenever the property is transferred or sold. Once again, there are some easements in which you cannot seek compensation for, as they are easements that the law allows for without any compensation necessary.
However, the amount of compensation for private easements are often negotiated in real estate contracts. When negotiating an easement it is important to do the following:. As can be seen, easements are fairly common when it comes to real property. As a landowner you have an absolute right to use your property as you see fit, which includes the right to grant other parties the use of your property.
However, sometimes locating an easement on your property is difficult and may interfere with the usage of your property. If you are having any issues with an existing easement on your property or if you are in the process of negotiating an easement, it is in your best interests to consult with a well qualified and knowledgeable property attorney in your area.
An experienced property attorney will be able to assist you in determining what valid easements exist on your property. An attorney will also be able to assist you in negotiating an easement. Finally, an attorney will be able to represent you at any court hearings, should you be sued over an easement related to your property. Travis Peeler. Travis earned his J. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality.
In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. It will be seen from the above that the types of easement in existence and the methods by which an easement can be acquired are many and varied.
This article is introductory only and is intended to provide an overview of the law — reference to the relevant texts and authorities should be made in every case. This article will be followed by a series of more detailed commentaries on the law of easements.
Articles What is an easement and how are they created and used? Share 16th February Imagine a farmhouse landlocked on all sides by fields, half a mile from the nearest road. An easement may take many forms, however the most commonly encountered easements are as follows: A right of way; A right to light; A right of support. Therefore, all of the necessary legal formalities must be capable of being complied with, for example: Both parties must have capacity both to grant and acquire the legal right.
The easement must be clearly defined. For example, in Grigsby v Melville [] 1 WLR an alleged right to store goods in a cellar was rejected because the right amounted to exclusive use of the small cellar space.
In some cases, an easement may be created by implication. An easement will only be implied if: It is necessary to so imply it; The parties had a common intention at the time of the sale of the land that there would be an easement; By the operation of s. The legal doctrines of unwritten easements that are created by people's actions and certain circumstances can be complicated, and you'll want advice from someone experienced in your state's real estate law and up to date on relevant court decisions.
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Meet the Editors. Property Easements: Overview. Learn the basics about property easements: what they are, how they work, types of easements, and more. There are several types of easements, including: utility easements private easements easements by necessity, and prescriptive easements acquired by someone's use of property. We'll describe each one here and how it might impact your property rights.
How to Avoid Legal Disputes Over Easements As a property owner, you may not interfere with the purpose of a legal easement. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Real Estate. Buying a House or Property. Selling a House. Mobile, Manufactured, and Tiny Homes. Homeowners: Taxes, Improvements, and More. Neighbor Law. Selling Your House.
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