A property easement is a legal right in which someone claims to use part of your land for a specific purpose. The property owner has to explicitly grant the right to an easement, and the document is filed along with the property's title and deed papers. The easement will then be the user's legal right even if the property changes hands.
Do you have additional questions regarding property easement? Our real estate attorneys are here to assist you throughout the process and answer any questions you may have. Contact a real estate lawyer near you today.
Listed below are the types of easements and legal methods to prevent easements:
Utility easements are those which need to be given to the government or a utility company to lay out their cables, pipes and other equipment and allow them to go through your property. A private easement may be granted to neighbors and other individuals who may need to use your driveway or run a pipe through your land. If someone has been using your land like this without permission for more than a statutory period, then a prescriptive easement may be granted without your permission.
It may be a good idea to grant permission in writing before the statutory period condition is fulfilled. Once permission is granted, you retain the legal rights and a prescriptive easement cannot be granted. You can then withdraw the permission and file a lawsuit to reclaim possession or complain about trespassing. You may also fence your property as per the deed and boundaries, and check on it regularly to ensure no one is claiming an easement or adverse possession.
Do you or does someone you know need legal information regarding property easement? Our real estate lawyers are here to help. Contact a real estate attorney in your area today for more information.
Did you know?
A property easement by necessity exists if there is no other access route.
For example, if the only way to access your home is through a neighbor's driveway, then you have an easement by necessity.