When a person is considering purchasing a property, it’s important for them to know whether there is an easement on it. An easement gives a person the right to use or access a part of another person’s property for a limited purpose. An easement can be temporary or permanent.
Types of easements
One common type of easement allows a utility company to install and maintain public utilities on private property. This is called a public easement and it may also apply to public roads, sidewalks and walking trails.
Private easements may be created between neighbors. For example, one neighbor may provide the other neighbor with an easement that allows them to build a driveway. It’s important for a future owner to know that this easement exists.
Easements by necessity are created when a property owner cannot access their property except through a neighboring property. A prescriptive easement can also be on the property when a person has used it continuously, but without permission.
These are just some examples of easements that could apply.
Common disputes
Easement disputes can arise for several reasons. One common reason is that the owner of the property prevents the easement user from accessing the property, usually by installing a gate or other structure on it.
A disagreement can also arise when the party using the easement exceeds their use or misuses the easement. The property owner may also have a complaint if the easement holder abandons it through nonuse.
Easements can be very complex, and it is important to understand the scope of their use. There is assistance available to property owners who need help.