Do you have an easement on your property, or is someone seeking one? Easements give another party the right to use your property in a specified way. They can be a hassle for property owners, especially when they come with the property and the owner has no say over them. But understanding exactly what rights come with an easement — and how to resolve disputes when they arise — can give you peace of mind.
What Are Easements?
An easement is the legal right to cross or use another person’s land for a specific purpose. Utility easements are a common example; they give local utility companies access to cables or power lines that cross private property.
When purchasing real estate, you may find an easement on the property and be unsure how to proceed. Easements aren’t necessarily a red flag but can mean different things. Seek legal assistance if you do not understand the rights an easement gives to another party.
Types of Easements
Many different types of easements exist that could give parties certain rights over parts of your property. Your easement may fit into one or several of these categories, as they can overlap.
Appurtenant Easements
Appurtenant easements link two properties together for the benefit of one’s property. These easements require the existence of two distinct tracts of land owned by different parties: the dominant tract, which benefits from the easement, and the servient tract, which is burdened by it. For example, an easement may allow a property owner to cut through a neighboring property to access their own yard or shed. These easements often appear on properties adjacent to local parks, allowing people to walk through part of the property to access the park.
Appurtenant easements are often tied to the land and passed down from owner to owner.
Gross Easements
Gross easements, or easements in gross, give a party the right to use land for a specific purpose. These types of easements do not require two adjoining tracts of land. The easement holder typically is not the owner of neighboring land but some other person or company. These easements are common for utility companies that need to access private property to maintain utility lines.
Negative Easements
While less common than other types, negative easements do appear from time to time. Instead of giving someone access to your land, these easements restrict what actions you can perform on your land.
These easements seek to preserve a property owner’s view or light — for example, perhaps the owner of a beachfront home seeks an easement to prevent someone from buying the adjacent land and building a multi-story building that would block their view.
Permanent Easements
Permanent easements are a way of “buying” the rights to alter your land. For example, a utility company would seek a permanent easement that gives it access to your utility lines. While you still own the property, you are prohibited from using it in a way that would prevent the easement holder from completing its purpose.
Temporary Easements
Temporary easements allow a person or party to “lease” a portion of your land for a designated period. These easements commonly arise when construction companies use neighboring land to house equipment during a project.
Prescriptive Easements
Prescriptive easements form over time without your explicit permission. For example, if a neighbor has been cutting through your property for several years to reach a local park, and you knew about it but never objected to this usage, they may have a prescriptive easement that would allow continual use. The time period for someone to obtain a prescriptive easement can vary by state–in North Carolina, the time period is 20 years. If you observe someone repeatedly traversing or utilizing your property without your explicit permission, it may be advisable to take prompt action to prevent the potential establishment of prescriptive easement rights.
Implied Easements
Implied easements exist where they are necessary for a neighboring property owner to use their property as intended. Such easements may be implied by prior use if a landlocked owner can demonstrate that a road or driveway was utilized by the previous owner who sold them the property. These easements can also be granted out of necessity: if the only way to access a property is by going through another adjacent property, the landlocked owner may receive an easement by necessity to make use of their land.
Settling Easement Disputes
If you are unhappy with the terms of an easement on your property, seek assistance from a real estate attorney experienced in the different types of easements and how they function. They could help you seek compensation from the easement holder in exchange for their use of your property. They could also help you resolve the dispute by:
- Evaluating the terms of the easement
- Determining whether the easement holder has violated the rights the specific easement provides
- Determining whether the easement places an undue burden on you
- Seeking a court order to adjust the terms of the easement
A court order could restrict the easement holder’s use to a more appropriate level of involvement, award you monetary damages, or even terminate the easement if necessary.
Seek Assistance From Anderson Jones, PLLC
Do you need help understanding the different types of easements or remedying an easement on your property? Anderson Jones, PLLC, can provide legal guidance in Raleigh, NC. Contact us today at 919-277-2541 to request a consultation.