How to Use Property Easements

driveway by xjeordettex

A typical easement would normally give a non owner use of land for a specific purpose, such as parking or access to the street. Normally it does not grant that person the right to remove soil, timber, crops, etc. but to simply use the land for the intended purpose.

Things You'll Need

• Land
• Neighbors
• Understanding
• Communication

Instructions

1. 

   One type of easement is considered an "express" easement. For example this easement is detailed in contract, deed or will and must meet the requirement of the Statute of Frauds. Suppose the owner then sections of his land and sells smaller pieces of land and forgets the sewer line for two separate properties runs below one. If one of the individuals plugs the sewer line used by the other, there could be an "implied easement" by the individual who lost his use of the sewer line. He would have the right to sue to have his rights restored. Or if one individual had the understanding that they had access to a driveway and the other used the entire driveway, he would have had his rights violated.

2. An appurtenant easement is one that is part of the land and benefits the owner. He purchases the right from his neighbor to cross through his property to access the street (for example). This may have a limited time frame, or be a right belonging to him alone. The details would be worked out between him and his neighbor. The person who provides him easement is considered "servient" and the property benefiting from the easement is considered "dominant". Easements can be transferred, willed, deeded, bought, or prescribed.

3. Creating an easement can also be done by "prescription", which simply means that someone (without permission) simply uses another's property.
   If the party owning the property is not able to stop the other from infringing upon his property it will become an easement and he will be unable to do anything about it unless he 1) purchases both properties 2) the other party purchases both lands 3) the second party discontinues using the easement in favor of the original owner 4) the holder of the easement abandons the property

Tips & Warnings

• Do not agree to something you cannot live with.

• Have open communications with your neighbor.

• If someone is infringing upon your property continually you should probably seek legal advice before it is too late.