What is an easement?
An easement is defined as a party’s right to lawfully use the real property of another. Easements are frequently associated with access related rights such as the use of right-of-ways or driveways. However, easements can include other types of rights such as: use of a water source, installation and maintenance of utilities, recreational activities, etc…
Easements can be created by agreement or even implied from parties’ conduct in some situations. Easements by express grant are the most common form of easement. These easements are created when there is a writing that contains plain and direct language showing a grantor’s intent to create an easement. The scope of an easement by express grant is determined by the terms of the writing. Easements can also be created by reservation, implication, prescription, estoppel, and eminent domain.
Are there different types of easements?
Generally, easements are divided into two general categories: easements appurtenant and easements in gross.
Easements appurtenant “run with the land”, which means that they remain effective even when the properties are conveyed and can be used by subsequent owners. Easements appurtenant involve two different tracts of land in which a “servient” tract is used for the benefit of a “dominant” tract.
Easements in gross differ in that they are created when a party is given a personal right to use another party’s property and there is no “dominant” tract receiving a benefit. Easements in gross are often referred to as “personal” easements. These types of easements do not “run with the land”. Instead, these easements can only be used by the original person or entity that was granted the easement. However, in some cases, an easement holder can transfer his easement rights if it is consented to by the grantor of the easement. Easements in gross generally expire when the easement holder dies or agrees to relinquish his easement right.
When purchasing a property, it is important to determine whether the property is burdened by any easements. Easements are just one example of the many issues that can affect an owner’s title and severely limit a prospective buyer’s use of a property. Requesting a title company to perform a title search into the title history of a property is an effective way of assessing whether any easements or other title matter affect a property. Purchasing a title insurance policy can offer protection against recorded easements or other defects in title.
Contact Us
For more information regarding easements or assistance with a transaction, contact the attorneys at Wooden Law Firm, P.C. and Wooden Title & Escrow, LLC. at (423) 756-9972.