Easements are legally binding agreements that grant one party the right to use another party’s land for a specific purpose. Unlike Transferable Development Rights (TDRs), easements do not involve the sale of development rights. They are fundamentally different from adverse possession, as they only grant usage rights without transferring ownership of the land.
Types of Easements
Easements Appurtenant
These easements are attached to the land itself and benefit the property owner. They involve two parcels of land: the dominant tenement (the land benefiting from the easement) and the servient tenement (the land burdened by the easement).
Easements in Gross
These easements are personal or commercial and are not tied to any particular parcel of land. They benefit a specific individual or entity rather than a piece of property.
Prescriptive Easements
Prescriptive easements are established through continuous, open, and notorious use of another’s land for a statutory period, typically without the owner’s permission.
Negative Easements
These restrict the landowner’s use of their own property in ways that would adversely affect the easement holder’s land. An example would be an easement prohibiting the servient landowner from building structures that would block sunlight.
Special Considerations
Establishing Easements
Easements can be created by express grant or reservation within a deed, implied grant, necessity, or through long-term usage that meets legal standards for prescriptive easements.
Terminating Easements
Easements can be terminated through various means, including mutual agreement, abandonment by the easement holder, or merger of the dominant and servient tenements under one owner.
Examples
Access Easements
A common type of easement where one property owner allows another to use a portion of their land to access their own property.
Utility Easements
Easements granted to utility companies to run power lines, water pipes, or gas lines across private property.
Historical Context
Easements have a long history in property law, dating back to common law practices. They were designed to ensure practical use of land resources, maintain utility infrastructure, and manage relationships between landowners.
Applicability
Real Estate Transactions
Easements often play a key role in real estate transactions. Buyers and sellers must be aware of any existing easements as they can affect property value and usage rights.
Land Development
In the context of land development, easements ensure that necessary infrastructure and access are maintained, facilitating sustainable development.
Comparisons
Easements vs. Licenses
Licenses are temporary permissions to use land that can be revoked at any time, whereas easements are more permanent and legally binding.
Easements vs. Leases
Leases grant exclusive possession of land for a specific period, whereas easements only grant specific usage rights without exclusive possession.
Related Terms
- Transferable Development Rights (TDRs): Allow the transfer of development potential from one parcel of land to another, generally to preserve open space or historic buildings.
- Adverse Possession: Allows a person to claim ownership of land through continuous, open use without the owner’s permission over a statutory period.
FAQs
How Can I Find Out if My Property Has an Easement?
Can Easements Be Changed?
Do Easements Affect Property Value?
References
- “Property Law: Rules, Policies, and Practices” by Joseph William Singer
- “Real Estate Law” by Marianne M. Jennings
- “The Law of Easements and Licenses in Land” by Jon W. Bruce and James W. Ely Jr.
Summary
Easements play a crucial role in property law by allowing specific uses of land while balancing the rights of different property owners. By understanding the types, establishment methods, and implications of easements, landowners and real estate professionals can navigate property transactions and land use more effectively.
