When dealing with such deficient documents, courts apply general principles in determining the nature of the easement, including:. In other words, easements for right of way, unless the instrument creating the same specifically states the easement is in gross, will be determined to be easements appurtenant. Such easements will automatically transfer with the land to subsequent owners of the same, even if they are not specifically mentioned in the deed.
Thus, a piece of real property that appears to be landlocked based on the deed transferring it is not necessarily lacking a right of way easement. The only way to truly determine what easements, if any, exist is to conduct a thorough review of the documents recorded against the property at issue and the adjacent properties.
Have an easement dispute? A negative easement contains restriction clauses that decree the exact use that may be made of the property. Express Grant and Easement by Implication - An express grant allows another party the use of your land. Alternatively, an easement by implication is a situation in which you sell your property but retain the right to use it.
An example is retaining the right to use a cable running through the property even though you no longer own the land. Equity of fairness easements, also called easements of necessity is supplied to a property with no value without access. You grant equity of fairness to allow access to the property across land you own. A prescriptive easement allows the regular use of your property without your express permission, which typically occurs when your property was in use continuously without your objection.
The Purpose of Easement Deeds As with most legal documents, the primary purpose of an easement deed is to put an agreement between a landowner and a second party about how a portion of land may be used. The Benefits of Easement Deeds Depending on state law, easement deeds give you the right to allow or restrict the use of any portion of your land. You may agree to a deed of easement for your neighbor to use part of your land as a driveway to his own property. You can restrict land use for conservation purposes and prevent commercial development.
Historical easements can prevent an owner from altering the property or changing the design of any buildings. How Easement Deeds Impact Property The impact of an easement deed on a parcel of land depends on the deeded use and potential future changes. By CourthouseDirect. Subscribe to our updates. Categories Courthouse Documents 75 CourthouseDirect. About CourthouseDirect. Contact Info. What is an Easement? There are two different types of easements.
Gross easement: This allows the use of property without the benefits of ownership. This means the right to use the land is given to a particular individual instead of the property, itself. The gross easement belongs to the homeowner. When their home is sold, the easement rights are transferred to the new property owner.
The limitations of this type of easement are typically determined by the property owner on which the easement resides. They come up with terms for the individual using the easement and can change them at any time. In the above example, the property owner with the walkway agrees the neighbor can use the walkway on their property, but may include a condition that they use only the walkway and not the yard.
Appurtenant Easement: This type of easement is issued to adjoin lands. This easement transfers to whomever is the property owner. Typically, the parcel of land with more property is the dominant in the agreement. It is important to find out why this easement is included with the land and how that will affect your business. What is Right-of-Way? An Easement or Right-of-Way Can Affect Your Property Value Another reason to be on the lookout for easements or rights-of-ways is their effects on your property values.
Online Deed Research It is important to utilize online resources when researching deeds. Review the deed. Sometimes easements and rights-of-way can be hard to locate. Typically, they can be found in the legal description of the property.
Contact the county for more information on the easements. Or, it could require that the property is used in a different way than what is intended for the general public. They never asked your permission, but they have been doing so for the last 5 years. They could get an easement of prescription to continue to use your property for such activities in the future. Another example is if a neighbor unknowingly built their fence 3 feet over their boundary line onto your property and it was only discovered 15 years later.
They may be granted a prescriptive easement since they meet all of the criteria above. Whatever the type of easement, it can be a public or private easement and an affirmative or negative one. A private easement is one that grants land-use rights to certain people, whereas a public easement grants those rights to the general public.
An affirmative easement allows someone to do something on the property, while a negative easement forbids it. Call our Home Loans Experts at to begin your mortgage application, or apply online to review your loan options. There are a few different ways to go about creating an easement. The method you use depends on the type of property you have, the reason for the easement and whether you can reach the easement amicably with the other party or property.
If an easement needs to be created, it will happen in one of the following ways:. An express easement is the most common method of easement creation. You sell half of your land plot A and keep the other half plot B. The land is divided in a way that you can only access your land plot B by crossing the land you sold plot A. So, when you sell plot A, it is implied that you can still use it to get to and from the main road. An easement by necessity, as the name implies, is created by law out of necessity, instead of by an agreement between neighbors.
Once there is a new way to access the property for example, if a new road or path is created , the easement can be terminated. Property easements can provide you or someone else the legal right to use a certain piece of land. They can benefit you as a homeowner or force you to carry the burden of others using your property.
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