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 in notarial deeds.
Property easements are a concept rooted in the common law. It grants entities the right to use land that does not belong to them for certain purposes. There are many entities that may need such rights. These include farmers, electric companies and neighbors.
There are different types of property easements. An example is a right of way. When a person has the right of way, you are allowed to travel through another person’s property to reach your destination.
It should be clearly understood that a property easement does not grant any tenure rights. It only affects a party’s right to use certain properties. The purpose of such use is also normally specified.
For example, a farmer may have access to adjacent property to water his livestock. This is the only thing he has the right to do on that property. He has no right to plant a crop or even allow his livestock to roam and graze.
In many cases, a real estate easement is attached to another piece of real estate. This means that the rights may not be limited to certain people. For example, if the driveway of one property lies partially on top of another, the owner whose property contains the driveway cannot decide that only residents can use it. Anyone who visits the property where the driveway leads has the right to drive along it.
There are some cases, however, where these rights are limited to certain entities. The farmer instance above is an example. Just because one farmer is granted rights to a water source does not give all farmers in the area the same right.
A real estate easement can sometimes arise from extensive use of the property. If a person has used a piece of property for a particular purpose over a period of years, he may earn the right to continue to do so. The period of use granting this right may vary from one jurisdiction to another.
Canceling a property easement generally cannot be done on a whim and can be prohibited outright. Anyone intending to buy a property should know that a real estate easement can also be included in the notarial deed. The rights granted by the previous owner may be mandatory for the buyer. If an electric company, for example, has a structure on one property, it is very unlikely that a new owner could force the company to remove it. It may also be illegal for the new owner to do anything to the property that impedes the power company’s access to that facility.
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