An easement is a legal right granted to a person to use a small patch of land owned by someone else for a specific purpose. It can be granted by express or implied authorization, but only a deed of easement guarantees its existence. Easements may have a specific or general purpose.
An easement is a legal term meaning that a person is granted a right of way for a specific purpose over a small patch of land owned by someone else. Easements can be granted for a variety of reasons, such as the need to run a sewer through someone else’s property or the need to have a driveway through another party’s property. An easement deed is the written legal document that affirms the legal right to the easement.
Easements can be granted by express or implied authorization. There is expressed easement when an act of easement is granted to the person who needs access to the land. The person who owns the property on which the easement is located can assign the rights to the party who needs the easement and sign the deed, or the person who needs the easement can buy the rights to it for cash.
When an easement is implied, this means that there is no formal written document granting access. For example, if a homeowner has used a path in the neighbor’s yard to get to their front door in the past fifteen years, they may have an implied easement. In an implied servitude, as long as his neighbors live in that house, they may not be able to prevent him from using the path because they have allowed him to do so for so long that he has an implied legal right to do so.
While there are implied easements, only a deed of easement guarantees that the easement will always exist. When a property is sold, if a homeowner had an implied easement, the new owners can prevent him from using the land even if he has been using it for many years. Conversely, when the property is sold under a deed of easement, he has the legal right to continue to use the land for the stated purpose, and new owners who purchase that land are encumbered by the deed of easement.
Easements may have a specific purpose or may be more general in nature. For example, a homeowner may have an easement deed that grants him the right to use his neighbors driveway as a driveway only to drive his car. That would mean he has the legal right to drive his car on that path under the terms of the easement, but he doesn’t have the legal right to install a grill in their driveway and have a barbecue.
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