What Are Easements?
When researching a parcel of land, the potential buyer must consider many issues beyond simple price and location. A title search should be done to find out who owns title to the land and whether there are any encumbrances on the land. An encumbrance is something such as a lien or an easement. In general, an easement is a right that exists on the land.
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Basic Concept of an Easement
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Easements grant the holder the rights on the land. The government, for example, may hold a public easement on a parcel of property and be able to use that easement for some public good, such as building a road or installing power lines. A person who is allowed to enter someone's land and cut down trees is another example of an easement. Easements can arise through a deed or implication/use.
Creating an Easement by Deed
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Easements are an interest in land and, therefore, they generally must be evidenced by a writing to become legally valid. For this reason, according to FindLaw.com, easements are commonly created in a deed. For example, if "John Smith" wants to use part of his neighbor's property as a quicker way to access the main highway, the two people may negotiate a price and write up an agreement creating the easement. This document can then be recorded with the original deed so that parties interested in the land will know that the land is subject to an easement.
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Creating an Easement by Use
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Some easements may be created by implication or use. According to FindLaw.com, if a parcel of property is "landlocked" --- meaning it has no access to a road for ingress or egress --- an easement may arise by implication in that the property owner of that parcel must have a way to get on his land. According to EscrowHelp.com, a prescriptive easement arises when a person uses the land throughout time without the owner's permission. Typically, for an easement to arise through use, the use must be open and obvious, without permission and continuous for some period of time. EscrowHelp.com provides two examples of time periods: five years in California or 30 years in Texas.
Some Easements are Transferred with Title to the Land
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Some easements may become such a part of the property that they remain on the property even if title to that land is transferred. According to FindLaw.com, an easement appurtenant to land remains with the property. Escrowhelp.com provides examples of easement appurtenant as the right-of-way for a landlocked parcel. This easement will remain even if the original owners do not own the land. A gross easement traditionally does not transfer with the title, according to FindLaw.com. If a landowner allows his neighbor to post an advertisement on his lawn, for example, this right will not survive a transfer in ownership, according to Realtown.com.
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