Property Law

10 Essential Questions About Easements and Property Rights

What is an easement?

An easement is a legal right to use someone else’s land for a specific purpose, such as accessing a road or utilities. What are the different types of easements?

The main types of easements include appurtenant (benefiting a specific property), in gross (for a specific person or entity), and prescriptive (gained by continuous use over time). How do easements affect property rights?

Easements grant others the right to use your property for certain purposes, but they do not transfer ownership. However, they can limit how you use your land.

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Can easements be revoked or terminated?

Easements can be terminated under certain conditions, such as mutual agreement, abandonment, or if the purpose for which the easement was granted no longer exists.

What is the difference between an easement and a license?

An easement is a permanent legal right, while a license is a temporary permission to use someone else’s property for a specific purpose.

How is an easement created?

Easements can be created through a deed, by necessity (like a landlocked property), through prescription, or through implied or express agreements. By whom is an easement maintained?

Typically, the responsibility for maintenance depends on the terms of the easement agreement. In most cases, the dominant estate, which is the property that benefits from the easement, is responsible for upkeep.

Can easements be transferred or sold?

Easements can be transferred if they are appurtenant, meaning they are attached to a property, but easements in gross cannot be transferred unless the agreement specifies this. What happens if an easement is violated?

Violation of an easement may be legally addressed, for instance by a claim for damages or by a request for an injunction to prevent violation.

How do easements affect property values?

Easements may both increase and decrease the value of property. An easement may allow access to otherwise inaccessible land and increase its value. An easement may also limit a property’s use and thus reduce its value.

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