Easements

Easements are commonly found on most properties. In fact, your home most likely has at least one easement on it. But what exactly is an easement? Let’s dive in!

An easement refers to the legal right given to a person or organization to use someone else’s property, but only for a specific purpose or period of time. Easements grant only a non-possessory right to use the property, so the property owner still retains full ownership rights of the property. Easements can be quite useful tools and come in many different forms. Let’s go over some of the most common ones that you may encounter!

Easement by Necessity:

This type of easement is used when property is landlocked, which prevents access to the property. The only way to access landlocked property is to travel over another adjacent property. An easement located on the adjacent property allows the landlocked property owner access to their land.

Negative Easement:

Such easement restricts the use of property or prevents something from occurring that is otherwise legally allowed. An example of such easement would be preventing new buildings or homes from being built that would block the view of existing property, especially if the view increases the property’s value—think a house with an unobstructed view of the ocean.

Utility Easement:

This type of easement allows utility companies to run and maintain power lines and cables that are located on property, and are most commonly found in residential neighborhoods. Utility easements allows city electric workers to access the electricity meter and poles typically located in your backyard. Utility easements also allow your internet and television provider to run traditional and fiber-optic cables through your backyard as well.

Public Easement:

Such easement is meant to be used and enjoyed by the public and is intended to benefit the community as a whole. An example of this type of easement is a sidewalk that’s located on the front lawn of your home. Another example is a rural highway that runs through someone’s farmland.