Easement law governs the legal requirements of granting one party the right to use another party’s property for a specific purpose. It covers public and private easements, and allows for different ways to create land use licenses, including written deed, implication, and prescription easements.
An easement law is a body of legislation comprising all of the legal requirements associated with an easement, which grants one party the right to use another party’s real property for a particular purpose. For example, a power company may have a license that allows it to place electric poles and wiring on a homeowner’s land. In some jurisdictions, the party owning the property easement is referred to as the dominant homeowner while the service homeowner is the party on whose property the easement is located.
The easement law covers both private and public easements. A public easement is generally available to all members of the public. For example, a public park and a highway are public easements.
A private easement, on the other hand, can only be used by a limited number of people. For example, suppose an apartment building owner has a circuit box in their garage that contains the electrical circuits for all of the condo units in a building. The other owners of the condo would likely have the right to use the garage for the purpose of managing their own electrical needs. Other members of the public, however, would not have permission to use the garage.
In general, easement law allows for different ways to create land use licenses. One of the most common types of easement is the one granted by written deed. The deed typically specifies the land that may be used, who may use the land, and the purpose for which it may be used.
In some jurisdictions, easement law allows you to create an easement by implication. For example, suppose a property owner is selling two separate parcels of land, and the second parcel can only be accessed by using a driveway located on the first parcel. An implied easement would allow the second landowner access to his land using the driveway on the first landowner’s land.
Some landowners create easements when they sell some of their land, but reserve the right to use some of the land in the future. For example, a landowner may sell a piece of property to a developer but retain the right to drill for minerals and oil. Some jurisdictions allow for the creation of prescription easements, which occur when one party has consistently used another party’s land for a particular purpose. Usually, use must be continuous for a period of time specified in the statutory easement law.
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