How to Create a Property Easement

An easement is the right that a property owner has to utilize part of another person's property. These agreements usually carry over along with a transfer of ownership. Several reasons exist for easements; so there are many ways to create one. Read on to learn more.

Difficulty: Moderately Challenging

Instructions

1. Write an agreement with the other property owner to obtain an easement. When two property owners share a well, for instance, an easement allows for shared access for the land owner who doesn't have the well on his property. He is then allowed to use the well on his neighbor's land.

2. Convey property in a deed. When a land owner sells part of his land that has no access to a road, a deed specifies which part of the original land owner's property can be used to provide this access.

3. Get a court order to obtain an easement. If your property is surrounded on all sides by other properties without any main road access, courts allow for an easement over one of the adjacent properties.

4. Claim a property easement by prescription. When a land owner uses another person's property to access her own property, whether another route exists or not, she eventually claims this easement by prescription. Each states' time allowed for this circumstance is different, but the land owner has to use the other property for her own access for a number of years before she gets an easement.

Who Can Help Sponsored

[polihali]

on 8/21/2008 Good point.