list of easements on a property provided by an attorney is called what

The three major types of easements are appurtenant easements, easements in gross, and prescriptive easements. Easement details should be included in the body of a deed if they will remain in place after the land is sold (called “running with the land”). When purchasing a piece of property, buyers should be aware of any easements on the land.

Full Answer

What is the front lot of an easement called?

Because of this structure and arrangement, the front lot is called the servient estate as it serve the back. While the back lot is called the dominant estate, dominant tenement, or dominant hereditament.

What is an easement in a land lease?

An easement is basically a nonpossessory right one party has to the use of land which belongs to another party, for special purposes that is in line with the general use of land. while the original owner retains ownership of legal title for the land.

What is an easement in gross?

3) Easement in gross. This is like an easement appurtenant except that there is no dominant estate. It benefits an invididual or an entity instead of a land parcel. Easements for gas lines, telephone lines, power lines, etc, are all easements in gross. They belong to the corporations instead to a parcel of land.

How do easements come into being?

It goes without saying that land owners can grant specific easements via written documentation to corporations or governments intending to conduct some works on the land. This is understandable as a legally binding easements has to be granted in writing.

What is an easement appurtenant?

1) Easement appurtenant. This is a very specific easement that refers to the driveway from a road to the back lot. These types of driveways are automatically part of the deal whenever the back lot is sold. The easement is legally connected with the back lot. And therefore implied.

Why are easements cancelled?

Termination of easements can be due to other reasons including by necessity, expiration, abandonment, merger, express agreement, discontinued use, etc.

When can an easement be terminated?

This easement can be terminated when it’s necessity no longer exist. For example, when a new road is built at the back granting access from the back.

What can an attorney do for easements?

An attorney will also be able to assist you in negotiating an easement. Finally, an attorney will be able to represent you at any court hearings, should you be sued over an easement related to your property.

How Do I Know If My Property Has an Easement?

However, the best way to know whether or not your property has an easement is to contact the County land records office or County Clerk’s office.

Do I Have to Give an Easement?

As mentioned above, an easement by necessity is an easement that is created by law to allow a person to have a right of access to their property. If your land is subject to an easement by necessity you cannot interfere with your neighbor’s use of the easement to access their home. In addition, some utility companies or cities are granted easements and recorded in the plat records long before homes are built on the land.

How to Determine Amount of Compensation for Easement?

Once again, there are some easements in which you cannot seek compensation for, as they are easements that the law allows for without any compensation necessary. However, the amount of compensation for private easements are often negotiated in real estate contracts. When negotiating an easement it is important to do the following:

What is an easement by prescription?

It is an implied easement gained under adverse possession. Meaning, someone other than the property’s original owner gains use or ownership rights to that property.

What is the legal right to use another person's property?

The legal term “easement” refers to the legal right to use another person’s real property, for a specific purpose and a specific amount of time. An easement gives a person the legal right to go through another person’s land, as long as the usage is consistent with the specified easement restrictions. Although an easement grants a possessory ...

Can you interfere with a utility easement?

If your land is subject to an easement by necessity you cannot interfere with your neighbor’s use of the easement to access their home. In addition, some utility companies or cities are granted easements and recorded in the plat records long before homes are built on the land. Utility easements are easements that grant the city or ...

What is an easement in real estate?

An easement is a legal instrument that grants property access to people or organizations who otherwise hold no ownership interest in your home. That may include your neighbors, utility companies or government agencies, among other third parties. The most common example of an easement involves homes that don’t directly connect with public roads. If the only way for your neighbor to get to and from his home is by using a private road on your property or even your own driveway, then he may request an easement giving him access to your land.

What is the most common type of easement?

2. Utility easement. Another extremely common type of easement is a utility easement. This agreement essentially states that utility companies can come onto your property to access or change any infrastructure that sits on it — think water pipes, telecom cabling, electrical grid infrastructure, etc.

What is an easement for a new home?

An easement gives another party — it could be a person, organization, business or government agency — permission to use or access your land for a specific purpose. Different types of easements vary in their scope and function, so take the time to understand what they’ll mean for you as a new homeowner.

What happens if you don't dispute an encroachment?

If you don’t dispute instances of encroachment, your neighbor could later claim an easement of prescription after enough time has passed. So, while it may create friction in the short term, it’s always a good idea to push back when someone encroaches on your property.

What is an easement in gross?

Typically, an easement in gross will come into play when a utility company wants to run power lines through private property or, less commonly, when a business wants to put up a billboard on your land. Unlike an easement appurtenant, an easement in gross doesn’t run with the land.

What is a prescriptive easement?

What is a prescriptive easement? This type of easement comes into effect when one party has used the other’s property for a particular purpose over an extended period of time — with or without permission. You may think you’re just being a nice guy by not saying anything when your neighbor marches through your yard to get to an adjoining forest preserve, beach or public road. If given enough time, though, an easement by prescription could give them the legal right to continue moving across your property.

What happens if the government laid down a new roadway that connected with your neighbor's property?

So, if the government laid down a new roadway that connected with your neighbor’s property, he would no longer be able to use your property for that purpose. It doesn’t matter if the new route is inconvenient — once it’s available for use, the easement by necessity is void. 4. Easement appurtenant.

Types of easements

Easements come in many forms. Here are some of the most common you may encounter:

Right of way easement

This is where a neighbor may need to pass through the property via a driveway to access the main road. Or, say Property A and Property B share a driveway. “It’s primarily located on Property A’s land, but it splits and also goes off to Property B’s land.

Utility maintenance easement

This easement is typically granted to utility companies to run power and cable lines on a property.

HOA or condominium easement

If you live in a condo or home managed by a homeowners association, odds are these institutions own much of the property—or at least the public areas—while residents have rights to pass through.

How is an easement created and dissolved?

Easements are created when property owners are approached for permission to use their land. If an agreement is reached, it will be set in stone with a legal document such as a deed. While the homeowner who originally grants the easement may be compensated, subsequent homeowners typically are not, although the length of an easement may vary.

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What are the methods of establishing easements?

Other methods of establishing easements include prescriptive use (the routine, adverse use of another's land), estoppel, custom, public trust, and condemnation.

How are easements created?

Easements are usually created by a transfer in a deed or some other written document such as a will or contract. Creating an easement requires the same formalities as the transferring or creating of other interests in land. It typically requires a written document, a signature, and proper delivery of the document.

What is an easement created by implication?

Two common easements created by implication are easements of necessity and easements implied from quasi-easements.

What is the termination of an easement?

Termination of Easements. Easement Attorneys. An easement is a property right that gives its holder an interest in land that's owned by someone else. It's common for people to lack a clear understanding of easements and the numerous legal problems that can arise in their creation, interpretation, and implementation.

How long do easements last?

Courts generally assume easements are created to last forever unless otherwise indicated in the document creating the easement. Despite this, an individual granting an easement should avoid any potential problems by expressly providing that the easement is permanent.

What is the term for land that is burdened by an easement?

Land affected or "burdened" by an easement is called a "servient estate ," while the land or person benefited by the easement is known as the "dominant estate." If the easement benefits a particular piece of land, it's said to be "appurtenant" to the land. If the easement only benefits an individual personally, not as an owner of a particular piece of land, the easement is known as "in gross."

When is an easement terminated?

An easement may be terminated when an individual owning the dominant estate purchases the servient estate, or when the holder of an easement releases his or her right in the easement (in writing) to the owner of the servient estate.

What is an easement?

Put simply, an easement is a designation that says someone else has the legal right to use your property, for a specific purpose. In other words, an easement grants permission for someone who is not the owner of the land to use the land in some capacity. Generally speaking, easements are quite limited in scope and functionality. Perhaps the best way to explain easements is to break down a few common examples:

How Are Easements Created and Transferred?

Broadly speaking, the creation of an easement “requires the same formalities as the transferring or creating of other interests in land ,” as FindLaw puts it. This means that the creation of an easement may occur through the conveyance of a deed, a will, or a contract, and typically requires “a written instrument, a signature, and proper delivery of the document.” In some cases, courts may ultimately decide that there is an implied easement, based on extenuating circumstances (such as necessity).

How long do easements last?

The length of an easement may vary – it could be limited to a few weeks (such as granting temporary permission to construction crews), or it could last for as long as the property itself. Generally speaking, there are two primary types of easements, which dictate how the easement is transferred: 1 “In Gross”: An easement in gross is an arrangement you make with one particular person or group to allow access to the property. Broadly speaking, these types of easements are generally not automatically transferable. 2 “Appurtenant”: An easement in appurtenant applies to the land, making it transferable from owner to owner during a sale.

Why is it important to survey a property?

We could go on. There are many different scenarios in which easements could apply. This is one reason why surveying a property is an essential step of the real estate transaction. During the survey and title search, attorneys and title agents will be able to determine if there are any existing easements on the property, and, if so, how those easements may affect the buyer moving forward.

What is a HOA/Condo?

HOA/Condo: Generally speaking, if you live in a condominium or on a property governed by a homeowners’ association, a third party organization will own/manage public spaces, granting owners the right to access or pass through.

What is recreational easement?

Recreational Easements: In this scenario, your property may but up against woods, a beach, a trail, or other undeveloped land, which others can use for recreational purposes. You may not be able to make changes to the property that impair public access to these recreational, open spaces.

Can an easement be terminated?

Some easements can be dissolved or terminated. Generally speaking, if it can be proven that the easement is being used beyond its intended use, or creating an unreasonable burden for the property owner, you may be able to remedy the matter in court. These matters can be tricky, however. Keep in mind that the specifics of your individual circumstances will matter a great deal, and there are many possible outcomes, including the extinguishment of the easement, compensation, and so on.

What is an easement in real estate?

An easement is a piece of land where a person, other than the owner, has the right to use it for a specific reason. Since the reasons vary, there are various types of easements, and they can apply for anyone from a neighbor to a government official. An easement is dealt with by a real estate attorney as they come under real property law.

What Rights Does A Landowner with An Easement Have?

The owner of the land still retains the deeds and can continue to use it as long as they don't interfere with the easement. Alternatively, if you can seek relief from the court by claiming an easement has unduly burdened you and the court agrees, you can from benefit from restriction or termination of an easement. Although improper use of an easement might not qualify, a judge may award punitive damages.

How to terminate an easement?

Yes. Regarding terminating an easement, your attorney will show one of five things. They are as follows: 1 The necessity for the easement has ceased 2 The easement beneficiary has walked away 3 Both parties mutually agree to a termination 4 The term of use has expired 5 There is sufficient interference concerning the owner's use of land

How to get an easement in Idaho?

How Do You Create an Easement? In Idaho, there are four ways to obtain an easement on another person's property. The first is the simplest - the person who needs the easement buys the land from the owner. To do this, both parties need to sign an agreement and sign it in the relevant county.

What is an easement termination?

Both parties mutually agree to a termination. The term of use has expired. There is sufficient interference concerning the owner's use of land. To create an easement, an attorney will usually draft a written version. They do this by deed, contract, or restrictive covenant.

Can an easement exist even if it hasn't been recorded?

Finally, an easement can be implied to exist even if it hasn't been recorded and prescriptive use doesn't apply.

Can you file for an easement in Idaho?

Farmers have used this method of easement before, but it's very rare. Thirdly, you can file for an easement if you have used the land without permission for many years. Finally, an easement can be implied to exist ...

What is an easement?

An easement is a conveyance, that is a transfer, of some real property rights. – usually to a neighboring property. A restrictive covenant is not a transfer of rights but is a legal promise to do or not do a particular act concerning the property. A restrictive covenant creates a limitation on the use of one’s land so that ...

What is a negative easement?

It is called a negative easement. A negative easement prohibits a landowner from using his property in a particular manner. Wildlife easements, conservation easements, as well as light and air easements are examples of negative easements.

What are some examples of negative easements?

Wildlife easements, conservation easements, as well as light and air easements are examples of negative easements. I have also dealt with what I call an “unofficial park easement.”. An unofficial park easement is a public right of entry to a limited area for a scenic overlook or for a rest stop along a highway.

Is an easement covered by title insurance?

Ignore an easement at your peril. And unrecorded easements and “gentleman’s agreements” are not covered by title insurance policies. Property easements are likely to have effect on your life. Easement obligations need to be respected.

Does an easement reduce the value of a ranch?

By reducing the market value of a ranch property, an easement may substantially reduce the estate tax that are due when the ranch is inherited. Easements rights and obligations are not Mickey Mouse legal issues. The granting of an easement is not the simple matter of giving another party access to land.

Can you walk across your neighbor's land?

If you are an easement holder you probably have the right to walk across your neighbor’s land. But if one’s obligation is the legal cousin to an easement – the “restrictive covenant” – you may have to run across the land at night because you are not sure if you have the right to even be there. Easements are different than restrictive covenants.

Do property easements have effect on your life?

Property easements are likely to have effect on your life. Easement obligations need to be respected. To illustrate, we have the recent criminal prosecution of a farmer in South Dakota for laying drain tile over a wildlife easement.