An experienced real estate attorney can help you determine what valid easements exist on your property. A lawyer can also assist you in negotiating an easement. Finally, a lawyer can represent you at all court hearings in the event that you are sued for an easement related to your property. If you feel that someone is trying to obtain a prescribed easement for your property, it is important to act quickly. Anything you do to assert your property rights over an intruder before the easement is created will destroy the rights of the intruder. An example would be living in a rural area and your neighbor is inland and can only reach the road by crossing your property. In this situation, an easement would necessarily be created, and your neighbour would have the right of way. Luckily, you`ve come to the right place. This article provides basic information about easements, including how easements are created and transferred.
In this article, you can also learn more about the rights and remedies granted by easements and the legal issues to consider with easements. An orderly easement occurs when one person uses another person`s property (although the use has not been expressly agreed) for a longer period of time. Prescriptive easements recognize long-term use, especially if the use was used for the use of the property. To establish a prescribed easement, the use must be: Suppose your neighbor starts parking in your driveway without your permission. You don`t stop them, and they do it year after year. As unfair as it may seem, illegal access to your property can give them a right of access. This is because the court might consider your inability to stop them as an act of concession on your part. An easement is an interest in property and is subject to the same general laws as ownership of real estate. The property served by an easement is sometimes referred to as the “dominant domain”, and the property subject to the easement is the “service good”. An easement may be used for the purpose for which it was established. An access easement can be used, for example, for access by crossing another person`s property.
Depending on the particular circumstances, a right of servitude may include similar uses that were not anticipated when the easement was originally established. An easement for an irrigation ditch can also be used, for example, for a pipeline to pump water, if the pipe does not unreasonably increase the easement. Generally, an easement is transferred with the dominant property, even if this is not mentioned in the transfer document. However, the deed of transfer of the dominant succession may expressly provide that the servitude does not pass to the property. There are several ways to create an easement. The method you use depends on the type of property you have, the reason for the easement, and whether you can achieve the easement by mutual agreement with the other party or property. When an easement is to be created, it is done in one of the following ways: Abraham & Associates Trust v. Park, 2012 UT App 173 – The owner of the interior property is not automatically entitled to an easement, which necessarily applies to the most convenient property located for trespassing, but via “leaflet taken away”. If you`re buying a home with an easement, you`ll probably have to abide by the easement rules – as they`re often not lightly furnished. Let`s say you bought a piece of land on the beach and the only way for the neighbors to reach the public beach is through a path in your yard. They should let them use legally because they have the right to enter the public beach. If a utility company has an easement to access a pipe under your yard, there`s not much you can do to change that.
Most types of easements are affirmative, meaning they allow someone else`s land to be used. Less common are negative easements, which typically involve gaining a person`s access to light or sight by limiting what can be done on a neighboring or neighboring property. An explicit easement is the most common method of easement. It refers to one that is written in a certain form of writing, such as an act or will. It is usually recorded in a legal document and signed by both parties. An easement may be created by a deed or other assignment showing the intention to create an easement and indicating the location and purpose of the easement with reasonable clarity. While easements are best created by written documentation demonstrating an agreement between the owner of the easement and the other owner, easement rights may also be established by implication, necessity, or prescription. The elements required to establish such easement rights are discussed below. An example of an implied easement would be an irrigation ditch that would direct water to a portion of a parcel that was then divided. After the division of the property, the ditch was still used regularly. Since the trench is reasonably necessary for the enjoyment of the new property, it would be an unspoken easement. An easement is the granting of a property right without ownership that gives the easement holder permission to use someone else`s land.
There are different types of easements. When an easement is granted, there are two parcels of land, one of which serves as an official dwelling house that bears the load, and the other is the dominant dwelling house, which benefits from the grant of the easement and has permission to use the useful land in any way. Bridge BLOQ NAC v. Sorf, 2019 UT App 132 – Implied easement requirements. Another example is when a neighbor unknowingly built his fence 3 feet above his boundary line on your property and was only discovered 15 years later. They may be granted a prescribed easement if they meet all of the above criteria. There are different types of easements, each with its own particular circumstances. If there is an easement in your home or if you have one on another property, it is important to know what type of easement it is in order to know your rights. Below we define each of them and discuss how it works. If you feel like someone is invading your property repeatedly, it`s important to act quickly. If you do not act, the court may grant your neighbour a prescribed easement for access to part of your property.
There are also legal remedies for domestic landlord interventions. Interference with an easement is a form of trespassing, and courts often order the removal of an obstacle to an easement. If the interference with an easement results in a reduction in the value of the dominant estate, the courts may also award damages to the holder of the easement. As mentioned above, an easement is necessarily an easement created by law to give a person a right of access to his property. If your land is necessarily subject to an easement, you cannot interfere with your neighbour`s use of the easement to access his or her home. In addition, some utilities or cities are granted easements and are registered in the registers long before the houses are built in the countryside. An easement is a legal term used in real estate law that describes an agreement that the current owner of a property has with another party to use the property. If a court finds that an easy estate is overburdened by improper use of the easement, the owner has several possible remedies. These include court orders limiting the majority owner to the appropriate use of the easement, financial compensation if the easement holder exceeds the scope of his or her rights and damages the easement estate and, in some cases, the termination of the easement.
SRB Inv. Spencer, 2020 UT 23 – The nature and extent of the prescribed servitude must be determined. With so many different types of easements, it`s easy to find this real estate topic confusing. Below are some common questions that home buyers often ask about easements and property rights. A gross easement is related to a specific natural or legal person, not to the property itself. It benefits the person who holds the servitude. Utilities often hold raw easements to build and maintain power lines on or near a person`s property. Typically, companies have a gross easement to use the property to access these lines. The laws and requirements of a prescribed easement generally require that the use of the property be between 1 and 20 years without challenge or objection from the owner.
An easement is legally binding and must be followed. If not, you could face a lawsuit, whether you have dominant ownership or servant property. For example, if the only way for your neighbor to reach the public beach is through your property and you prevent them from doing so, they could sue you.