What is an Easement?

define

In real estate, an easement is something which gives someone the right to use land which does not belong to him or her for a set and specific purpose. Common examples of easements include utility poles on private land and shared driveways. Depending on how an easement is set up, it may be integrated into the deed for a property, making it permanent, or it may be a temporary measure which has an expiration date. In general, easement use of land must not be in conflict with use by the legal owner.

There are numerous different types of easements. Most break down into two categories: easement appurtenant and easement in gross. In the case of an easement appurtenant, the easement is an agreement between two neighboring landowners which may benefit both. For example, a landowner may be granted an easement to run a ditch through a neighbor's property for drainage. Because the ditch can be used by both landowners to prevent flooding, it is a beneficial agreement. Other instances of an easement appurtenant are simply agreements between neighbors, such as one neighbor granting another neighbor permission to cross his or her property to reach a state park.

An easement in gross, on the other hand, is only attached to one property, not to neighboring properties. The most typical example of an easement in gross is a public utility easement, which allows a utility to run water, power, gas, or sewer lines through private property. Deeded Coastal Access is another type of easement in gross, allowing members of the public to cross private land to reach a beach or shoreline.

An easement is not a lease or a license. A lease gives someone much more control over a piece of land, in exchange for payments of cash at set intervals. A license is a specific permission to do something, such as park a vehicle, but it can be revoked at will. Cancellation of an easement requires more work, although it is possible. Typically, an easement is a written agreement, although it can also be implied. For example, if someone has been using a neighbor's property to access something for an extended period of time, an easement is assumed, and the affected landowner must actively work to end the easement, if that is desired.

An easement can be used to grant permission to do something, or it can restrict a landowner. A permissive easement is the more common type. Restrictive easements may limit development, prevent someone from building a house over a certain height, or limit other activities on the land. These types of easements are not uncommon in planned communities, to ensure a uniform look and feel for the community.

Historic and conservation easements also exist. These easements are aimed at preserving valuable resources and history for society in general. They usually limit development and activities which will be permitted on the land in question, and are donated by the landowner. In most cases, a trust is established to care for the land.

Related wiseGEEK articles

Category

wiseGEEK features

Subscribe to wiseGEEK


7
I am currently renting a house that is accessed through an easement through a farm. The landlord (owner of the landlocked property) has someone maintain the easement road as far as grading and plowing in the winter, but who is legally responsible for the maintenance? If the easement is damaged to the point it makes it difficult or dangerous to transverse by the farmer, is he legally bound to repair it?
- bounteous
6
Must utility companies pay for their use of an easement? Does it matter whether a property was purchased with an existing utility easement?
- anon28524
5
The utility companies have placed a utility pole on my property without my permission. I looked at records dating as far back as 1950 and was unable to find a recorded utility easement. Does the utility company have a right to place a utility pole on my property without financially compensating me? Furthermore, they have placed 2 other poles obstructing my neighbors and my right-of-way, which is preventing us from driving our cars to our off-street parking in DC. Can they do this? Now there is know no way for Emergency vehicles to reach the rear of our property.
- anon22917
4
bigredsc, first, I sympathize with your situation as the utilities (So Cal Edison at least) rarely ever send out reminders about maintaining trees or the rules regarding their easements. I used to work on the project you are talking about and about 85% of the people in your situation are shocked to learn they can't impede access. The quick answer to your question is, yes, you are 100% responsible for the wall you chose to put around their pole. Think of it as, what if the city, who owns the street in front of your property decided to put up a wall all along your drive way for whatever reason? You would be right to demand they remove or move the wall and all at their expense.

bycymi, at least in California, accessing the easement 24x7 is the utility's right and it's considered somewhat of a safety issue to lock them out. The down side of having electricity, phone, and CATV is the occasional annoyance of having crews show up to make sure that you get all your utilities delivered safely, reliably and with as little down time as possible.

I've seen it before where the electric company wants to do some work on a pole which will also involve upgrading the transformer. The field designer will go out to the pole and not be able to get access so he turns the job back in and it sits for many months and sometimes for over a year. Summer comes around and the demand on that transformer the designer would have replaced finally blows and it could be days before a crew is available to finally come in and get everything restored. BUT, if the job would have been done when the utility planned to do it, the interruption would have been for only 4 hours AND you would have had a few days notice.

- anon20801
3
I understand the need for utility companies to access their poles, but on the same hand what rights do I have as the property owner. On a constant basis, I have cable debris and tree trimmings left in my yard, not to mention they arrive unannounced, leaving my gate open and yard unattended. Several times I have had my children and pets alarmed. Do I have the authority to put a lock on my stockade fence and allow them to enter at my convenience?
- bycymi
2
In most cases a utility is placed within an easement. As a homeowner, you own the land but the easement gives the utility company full rights to enter the land to repair the utility. You must maintain the easement area but cannot obstruct the area with a permanent structure which makes it difficult to repair or maintain the utility. I assume that the "wall" is decorative to hide the ugly utility pole. If the wall was built by the utility company and not the homeowner, then it doesn't make sense that you are fronting the bill for their decorative wall. Check your deed and see if you have a utility easement or if the utility is in the "right of way".
- anon15230
1
I have a utility pole on my property line with a brick wall on either side up to the pole. I received a letter from the utility company saying that I do not conform to rules & regulations. They want to replace the pole due to it rotting and want me to move the wall back 3 ft on each side at my expense. Since it is their pole, shouldn't they pay for the removal and replacement of my wall? I live in LA county.
- bigredsc

FREE: Subscribe to wiseGEEK

 
    learn more

our strict privacy policy ensures that your email address will be safe



Written by S.E. Smith


copyright © 2003 - 2009
conjecture corporation