Landlocked land requires an easement of necessity for access to public roads. This can be granted or reserved when selling or dividing the property. A license is needed for specific uses beyond necessity. The easement remains with the property and not the owner. The necessity servitude ends if the need ceases. A parcel of land […]
A land easement allows access to land owned by someone else, often for utilities or natural resources. It’s important to check for easements before buying property, as they can restrict building. Different types of easements exist, including prescriptive and floating easements. Easement issues are common among adjacent property owners and are legally recorded for future […]
Property easements allow entities to use land for specific purposes without granting tenure rights. Examples include right of way and access to water sources for farmers. Easements may be attached to other properties and can arise from extensive use. Cancelling an easement is difficult and may be prohibited. Buyers should be aware of easements included […]
Equitable easements are non-possessory interests in a property that grant specific rights to someone who does not own it. They are tied to the deed of ownership and can be positive or negative. Violations can be stopped by injunction, but if the right is relinquished or not protected, it will not be enforced. It is […]
Easement rights allow someone to use another’s land for a specific purpose. Types include explicit, implicit, permissive, and prescriptive easements, as well as gross, appurtenant, private, public, and conservation easements. Easements can be created through written documents, division of property, or adverse possession. Conservation easements limit land use and can result in tax breaks. An […]
A right-of-way easement allows someone to use land owned by another for a specific purpose. Residential and commercial easements can modify a title deed and reduce land value. Easements are often exchanged between neighbors for access to specific areas. Attorneys may draft legal documents and fees may be charged. Commercial businesses also require easements for […]
Easements allow non-owners to use a property without transferring ownership. Gross easements benefit individuals and are not tied to land, while appurtenant easements are tied to land. A written contract is important to protect both parties. Unauthorized use of property can result in a prescriptive easement, leading to loss of use or ownership. Easements allow […]
A prescriptive easement is the use of someone else’s property without owning it. It requires open, observable, and continuous use without the owner’s permission for a specified period. A letter of agreement or ban can prevent it, but it doesn’t appear in title searches. A prescriptive easement refers to using another person’s property without assuming […]
An exclusive easement is a limited interest in someone else’s land, granting the holder specific use or enjoyment rights. It does not give ownership of the land and can be created through a will, contract, or deed. Improper use can lead to legal disputes. The owner of an exclusive easement, known as a titular, has […]
A facade easement is a conservation easement that preserves a building’s historic facade. The owner agrees not to make changes without confirming their impact on historic value. The easement is donated to a non-profit organization for tax benefits, but abuse has led to government regulations and audits. Eligibility depends on the building’s historic value and […]
