What is an Easement?
An easement is a legal right to use another person¿s land for a particular purpose. Easements continue to run with the land even if a change of ownership occurs. A property owner has no right to interfere with the rights of an easement holder. Easements are almost always in writing and can be located in a deed, title papers and in the local County Recorder¿s Office. What Types of Easements Are There?
There are many types of easements. These include: - Utility Easements: These easements are usually given to a utility company or local government
- Private Easements: Easements that are usually sold by a property owner to another for use of a driveway, water pipes, etc.
- Easements by Necessity: If it is absolutely necessary to cross someone¿s land, an easement by necessity usually exists
- Prescriptive Easements: If your neighbor has been using a portion of land for a certain period of time, he may have a prescriptive easement
How Can I Prevent Someone from Acquiring an Easement on My Land?
There are several preventative measures you can use. These include: - Put it in writing: If you let someone use your land, be sure to make a written agreement that specifies that you are not granting an easement
- Give permission: When a property owner grants permission to another it can prevent a prescriptive easement from being granted
- Post signs and regularly check your land: This will help a property owner determine if someone is using their property without permission
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