Easement Lawyers

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What Is an Easement?

An easement allows a person to take advantage of limited access to another person's property. An easement is only granted for a specific, limited purpose. Also, an easement is "non-possessory," which means that holding an easement does not mean that you hold an ownership interest in the property where the easement exists.

How Are Easements Created?

An easement is created either through a deed, will, or contract. The creation require the same procedures and formalities required for a real estate transaction. To create a valid easement, you must have: 1) a written instrument, 2) describing the easement’s location and interest, 3) a signature, and 4) proper delivery to the easement holder.

Easements can also be acquired in different situations that do not require an actual written instrument. for example, they may be created by necessity, where the easement is required to provide access for a piece of property that is surrounded by another person's property on all sides.

What Types of Easements Are There?

There are many types of easements. These include: 

How Can I Prevent Someone from Acquiring an Easement on My Land?

There are several preventative measures you can use. These include: 

How Do You Terminate an Easement?

Easements "run with the land" when ownership changes hands and generally have no set termination date. However, easements can be given set conditions such as time limits.

As a general rule, an easement holder has the right to use the land in whatever reasonable and convenient way in order to enjoy the purpose for which the easement was granted. However, an easement may be terminated if the court determines that the easement holder is using the easement beyond reasonable use in which it exceeds the scope of his or her rights originally granted. This occurs where there is substantially interference to the landowners land.

What Are My Remedies as a Landowner?

If the court determines that the landowner is unduly burdened by the easement because of the easement holder’s unreasonable use, the landowner is entitled to several remedies.
These include:

  1. Injunctions: Court order restricting and terminating the easement holder’s right to use the easement.
  2. Monetary Damages: If the easement holder’s excessive and unreasonable use has caused any damages to the landowners property or the interference has caused diminution in the value of the land, the landowner may recover monetary damages.

Seeking Legal Help

If there are any disputes over an easement or there are complications between a landowner and an easement holder on the use of the easement, then getting legal help by a experienced local real estate attorney is invaluable. The laws regarding easements vary from state to state, but the formation of an easement is comparable to transferring interest in land and requires professional legal assistance.

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Last Modified: 06-30-2014 03:46 PM PDT

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