Easement: Understanding Property Rights
This article tells you everything you need to know about easements and how they affect property rights. Learn what an easement is and how it affects the rights of both the property owner and people with an easement.
What is Easement?
Easement is a legal right that provides an individual or entity with the ability to access or make use of another person's land for a specific purpose or reasons. It is similar to a lease, except that it doesn't involve the property owner in any decision-making or delegate any responsibilities.
Types of Easements
There are several types of easements that can be established under the law, including:
- Right-of-Way Easements allow individuals to pass through another person's land to reach a destination.
- Easements for Utilities grant utility companies rights to install and maintain power lines or other utilities on another person's property.
- Easements of Enjoyment allow individuals or groups to enjoy aspects of another person's land, like using a beach area or a scenic view, as well as use a portion of it for events or activities.
- Prescriptive Easements are created when a person has been using a portion of another person's property for a certain amount of time without permission.
Understanding Property Rights
Easements can be an important part of interpreting one's rights to land or property. When establishing or reviewing an easement, it's important to understand what rights the property owner is granting to the other party. Property owners should also be aware of the state and local laws on these issues that may limit the scope of an easement.
Enforcement of Easements
Easements can be enforced by either party in a court of law, or via a real estate dispute resolution process such as mediation or arbitration. If an easement is breached, the property owner affected by the violation can sue for monetary damages or injunctive relief, which is an order by the court that the easement holder must comply with the agreement.
Conclusion
Easements provide one of the most reliable and important forms of property rights. It's important to understand the scope of this legal right in order to protect one's property interests and ensure that individuals and other parties are abiding by their agreement.