- Written By: U. Ahern
- Edited By: J.T. Gale
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Copyright Protected:
2003-2012 Conjecture Corporation
An access easement allows, or prohibits, access over a piece of property that is not owned by the person needing access. Typically, an easement permits the use of the property without transferring the ownership of the property. Usually found in real estate transactions, an access easement can take many different forms.
Some access easements are tied to the property itself and are also known as appurtenant easements. The easement is recorded with the deed and title so that when the property is sold, the easement goes with it. Public easements are often this kind of access easement. Railways, public utilities, and even some sidewalks are examples of easements that are tied to the property.
In the realm of private easements, it is less likely to have an easement that is tied to the property. One such easement is an easement of necessity or a right-of-way easement. A landlocked property will usually have an easement of necessity or a right-of-way easement. This allows the owner of the landlocked parcel to travel over the adjoining land to get to his or her property. The necessity for the easement continues as long as the property remains landlocked and the owner has no direct access to a public road.
Some private easements are between individuals for access that is not essential. Neighbors may grant access over their property to other neighbors to get to a local lake, pond, or forested area. This easement does not transfer with the property if it is sold. The new owner is responsible for obtaining a new access easement.
In some cases, an easement occurs over time through neglect. For example, if owner A travels over land owned by owner B for a certain period of time with no opposition, the situation can generate a prescriptive easement. The access to the property is without permission, but the owner of the property has done nothing to deny access. Generally, the laws governing the amount of time for an easement to become prescriptive varies regionally.
It is vital that access easements are recorded and properly filed. An access easement agreement should clearly explain what kind of access is granted and who is allowed to use it. The agreement should also detail how to terminate the agreement. Finally, the agreement should clearly spell out what course of action to take if either party is in violation of the agreement. The weakest pen is usually better than the strongest handshake.
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tlcJPC
Post 4 |
I know one this for sure – people get downright ultra-mad when other folks go messing with their land. I suppose, that in a lot of ways, that is the same as messing with their money.
But the thing about land that has been in families for generations is that it means far more to the landowner than just a real estate investment, often times. And that is why my grandfather went through years of litigation to remove an easement from his family’s farmland.
No one had lived there for years that were in the family, and I suppose that other’s in the area thought that would make it a good opportunity to try to pull a fast one.
They actually hired someone to come in and bulldoze the creek that was the dividing line between the two properties in question. This would give them more land, and keep them from having an easement arrangement with my grandfather.
In the end, my granddaddy showed them just how mad he was that they did this and actually completely and legally cut off the easement that they were trying to steal.
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poppyseed
Post 3 |
I have been questioning how easements work for years. My husband and I bought a home and land a few years ago, and we apparently own the dirt road that runs right next to our property.
Now we don’t need to use that road, but it is there for the people who do have property that is accessible by the main road. There are three of them, and we’ve only ever had difficulty with one of them. However, that difficulty was major.
Some of our other neighbors actually approached my husband about cutting off the easement to force these people to leave.
Naturally, we told them no. I do wonder, though, why we have to allow people to drive over our land to get to their home if they are immediately posing danger to everyone who lives around them.
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sweetPeas
Post 2 |
There was a man in our neighborhood who bought one of the first houses in the subdivision. He unknowingly built a fence two feet onto the adjacent property. When a house was being built next to him, it became clear that the fence was 2 feet beyond the property line. This is called prescriptive easement. To resolve this issue, the legal owner of the strip of land decided to give permission to the "hostile" owner to use the land. The neighbor did this to avoid the land becoming part of the property of the person who put up the fence in the first place. The legal owner wrote a letter to the guy who made the mistake. So in the end, they shared the property. I don't know who mowed the lawn! |
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BoniJ
Post 1 |
I've always had a little trouble understanding all the ins and outs of public easements when it becomes necessary to widen a road. Does the transportation department have an easement on part of the private owner's property? Or does the department have a right to purchase part of the private property to widen the road? I know tempers flare and homeowners are upset when their property is encroached upon for the widening of roads. |
