Easements: A Right To Cross

  July 13, 2023

Easements are an important tool in land ownership, as they allow an individual or entity to legally use the property of another. They’re a form of contractual agreement that allows for the legal use of land, without the individual or entity actually owning the property. The easement will typically define the types of activities that are allowed to take place on the property.

There are three types of easements: public, private, and prescriptive. A public easement is granted by the government and provides an individual or organization the right to use public land, such as parks, trails, or waterways. A private easement is one in which two parties privately agree on the right to use someone else’s property for their own private benefit. A prescriptive easement is established by continuous use and is the most difficult to enforce, as the individual or organization using the land must show that they have been using the property for an extended period of time and have established some sort of “right” to its use.

Once established, an easement is usually held by the same party indefinitely, unless it is sold or gifted. Additionally, easements may also expire or be terminated for certain reasons, such as when the purpose for which it was created is no longer needed. It is important to note that although an easement grants access to another party, the owner of the servient estate still maintains ownership of the land.

It’s important to understand the details of an easement agreement, including who owns the land, the scope of activities allowed, and the financial arrangements. An easement will always come with some sort of restrictions and limitations. It’s important to have an experienced and knowledgeable professional involved in the process to make sure all of the details are handled correctly. Contact us today to be of assistance in your real estate handlings.