Easements are essential legal tools that define how landowners share or limit access to their property. But what are the different types of easements and why are they important? Understanding this can help property owners protect their rights and navigate potential disputes. Let’s explore the types of easements, their purposes, and the key points you need to be aware of.
What is an Easement?
An easement is a non-possessory interest in someone else’s land, allowing the holder to use it for a specific purpose. Easements are often categorized as affirmative or negative:
Affirmative Easements
Grant the holder the right to use another person’s property.
Examples:
- A power company’s right to install power lines.
- A homeowner’s right to use a shared driveway.
- Access to a neighbor’s sewer system.
Negative Easements
Restrict a landowner from doing something otherwise permissible, such as building a structure that blocks sunlight on a neighbor’s property. These are less common and typically arise in unique circumstances.
Types of Easements
Easements Appurtenant vs. Easements In Gross
Easements Appurtenant:
These involve two parcels of land—a dominant estate that benefits from the easement and a servient estate that bears the burden.
- Example: If Parcel A uses Parcel B’s driveway to access a road, Parcel A holds the easement, and Parcel B is the servient estate. Easements appurtenant usually run with the land, meaning they transfer to new owners when the property is sold.
Easements In Gross:
These easements benefit an individual or company, not the land itself.
- Example: A utility company’s right to install cables on private property. Personal easements in gross, like the right to swim in a neighbor’s pond, are not transferable, while commercial ones often are.
Express Easements
Express easements are formal agreements between landowners, documented in writing and recorded with the local Register of Deeds Office. This process ensures the easement is legally enforceable and provides notice to future buyers.
Prescriptive Easements
Unlike express easements, prescriptive easements arise from continuous, open, and unauthorized use of another’s land for a set period (often 15 years). For instance, if a homeowner uses a neighbor’s footpath to access a lake without permission for over 15 years, they may acquire a prescriptive easement.
Implied Easements
These are created by law under specific conditions: