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Introduction Easement

Introduction to easement

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9 views

Introduction Easement

Introduction to easement

Uploaded by

archanakumari.4958
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EASEMENT HOW ACQUIRED AND TERMINATION

INTRODUCTION
Easements are a legal concept in real property law which provides one individual with the legal
right to use another individual’s property for a specific amount of time or for a specific purpose.
Easements provide individuals with legal rights to pass through other individuals’ pieces of
property, so long as their usage is consistent with the easement restrictions which were
specified.

Although easements give a possessory interest in a piece of property for a certain purpose, the
owner of the land still retains the title to the property. Easements may be provided to anyone,
including:

 Private parties;
 Government agencies; and
 Neighbors.

There are several common types of easements, which include:

 Power lines;
 Cable television lines, although they are usually underground; and
 Public utilities.

Easements are governed by real property law because they are associated with parcels of real
property.

There Different Types of Easements


, There are different types of easements as different states may recognize different types,
depending upon the property laws of that state. There are three general categories of types of
easements, including:

 An easement by prescription;
 An easement by necessity; and
 A negative easement.

An easement by prescription, or a prescriptive easement, is an implied easement which an


individual gains by adverse possession. An individual may acquire an easement by adverse
possession when they use that portion of the land, without permission from the owner, for the
period of time which is required by the law of the state in a manner .

An easement by necessity is an easement which is created by the law instead of by an


agreement between neighbors or by a specific promise. In some cases, the law will imply the
existence of an easement to achieve just results.

A common example of this type of easement includes which a parcel of land is landlocked,
meaning that it cannot be accessed except by traveling over another parcel of property. In this
situation, the law will create an easement by necessity to allow the owner of the landlocked
parcel to access their own property by using another individual’s property.

Negative easements create obligations or restrictions regarding what a property owner can or
cannot do on their property or how they can use their property in a manner which would
otherwise be legal. Generally, negative easements are treated as restrictive covenants.

A common example of this type of easement includes situations where buildings are being built
which may obstruct views from existing buildings. For example, if a new building was being built
at the beach, an existing hotel would not want their ocean view blocked by the new building. A
negative easement would be used to address this concern.

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