Definition
An easement is a legal right allowing one party to use another party’s property for a specific purpose, such as access, utility lines, or pathways. Easements typically do not grant ownership of the land but provide certain usage rights to the holder of the easement.
Explanation
Easements are commonly used for access rights, such as when a landlocked property requires a neighbor’s land for ingress and egress (entering and exiting the property). For example, an easement might allow a homeowner to use a shared driveway or cross over another property to reach a public road. Easements can also be used by utilities for placing power lines, water pipes, or sewers.
Easements can be either permanent or temporary and come in several types, including:
- Appurtenant Easement – Benefits a specific piece of land (dominant estate) and passes with the property when sold.
- Easement in Gross – Benefits an individual or entity (not a specific property), such as a utility company.
- Negative Easement – Prevents a property owner from using their land in a certain way (e.g., blocking a neighbor’s view).
- Prescriptive Easement – A right acquired after continuous and unauthorized use of another person’s land for a specified period (usually 10-20 years, depending on state laws).
Easements are typically recorded in public records and should be considered when buying or selling property to avoid disputes over land usage. Buyers should check the title report for any existing easements on a property to ensure they understand the rights of others to use the land.
Example
A homeowner owns a property at the end of a cul-de-sac and needs to pass through a neighboring property to reach the main road. The neighbor grants an easement for access, allowing the homeowner to use the neighbor’s driveway for ingress and egress. This easement is permanent and will remain in place if the property is sold.