You must have heard the word easement. The meaning of this word may vary according to the context. We are discussing the easement in terms of property.
The “Easement” is a legal and official term. It is used to describe the legal right to use an individual’s real property for any special purpose and in a specific time frame. The easement grants an individual legal right to go through any other individual’s property as long as he/she follows the easement restrictions. It also grants a possessory interest in the land for any specific purpose. Despite all the legal rights given to another individual, the owner retains the title to the property.
Examples of Easement
You must have used a private road or path. Such private roads and paths are a great example of the easement. Similarly, the use of a property to lay railroad tracks, telecommunication wires and electrical wires.
Moreover, the power lines, TV cable wires and public utilities are a perfect example of the easement.
To Whom We Can Give The Easement?
Now when you are well aware of the easement, you must be wondering to whom you can give the easement. You can give an easement to any of the below-given individuals;
- Private party or contractors
- Government agencies
Different Types of Easements
There is a lot of confusion around the types of easements. To be honest, you can understand the types of easements better by considering your state laws. For now, we will go through a few different types of easements that are generally in practice across the globe.
There are three basic types of easements;
Easement by Prescription
The prescriptive easement is another word for an easement by prescription. You can imply this type of easement under adverse possession. That means any individual other than the real owner can gain use and ownership rights to that particular property.
As long as an individual used the property publically for a specific purpose in a specific time frame, without the owner’s permission, they are establishing prescriptive easement.
Easement by Necessity
We can carry out the easement by necessity by following the law. Any personal agreement or promise between individuals is not enough for an easement by necessity.
A common example of this type of easement is any specific piece of land that is landlocked. Such type of property has no access by anyone unless you travel over any other property.
This type of easement gives the right to the easement holder to limit the owner of a servient estate from using his property in a specific manner. A common example of a negative easement is when you are not allowed to block your neighbour’s scenic view.
There are a few more types of easements. They are as under below;
- Express grants
- Easement by estoppel
- Reservation easements
- Affirmative easements
- Utility easements
- Public easements
Moreover, you can explore easement meaning at Cohen Handler for further information.