What is a Land Easement?

What is an Easement?

Let’s first break down the basics. What is an easement? An easement is a legal right to use someone else’s land for a particular purpose. These can be private, or public and are sometimes in writing and referred to in property deeds or title papers prepared by a title insurance company or attorney. 

Easements are part and parcel of the land they affect. They don’t change when the property changes hands. Subsequent owners are obliged to let whoever owns the easement use the property, so anyone buying a house should be sure to find out exactly what easements a property is subject to before finalizing the purchase.  

Different Types of Easements:

1. Utility Easements – This gives a utility the right to use and access specific areas of another’s property for laying gas, electric, water, and sewer lines. A utility easement is attached to the property deed so that it passes on even when the property is transferred or sold. Having an easement gives the utility the right to use the land, but the utility does not own it. The property owner may encounter certain restrictions on land use in an area covered by a utility easement. 
2. Private Easements – A private easement is an easement whose enjoyment is restricted to limited people. It benefits a limited number of persons or a specific person. 
3. Easements by Necessity – This easement is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway. 
4. Prescriptive Easements – This is created when an individual continually and openly uses a portion of another person’s property without the permission of the owner. 

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