Easements aren’t as Easy as they Look!

What is an Easement?

EasementsAn easement is the right one party has to use the property of someone else. This kind of arrangement occurs in many situations. For example, if one person needs to cut through another lawn to get to their favorite fishing pond, then this is called an easement. However, there are many other scenarios in which this occurs when the law is concerned.

These include the previously mentioned scenario, support, and waterway easements. In addition, there are also the types of easements that block one from doing something on one’s property; this is called a negative easement. Easements are used for both individual reasons, and for business purposes. 

A Binding Contract

No matter what easement is at play, both parties concerned in a specific agreement will both have rights and rules that they have to obey. The best way to make an easement binding is to go to a lawyer that is specialized in these matters. They will draw up a contract that will provide the agreed upon terms of both parties. Please keep in mind that verbal easements do not hold up in court. Therefore, it is in your best interest to see a lawyer over this matter.

Many people think that an easement can come to fruition if there is a claim to necessity. However, these are one of the most difficult to legalize. Most likely people who seek an easement of this kind will only end up aggregating a situation in which they were trespassing on private property. Anyone who claims that they need an easement to reach their land or access it for a particular purpose will need to have a legitimate claim. A court will determine if an easement of necessity is allowed.

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Key Takeaways:

  • An easement is a binding contract on average for 5 years that gives someone the right to use another’s property.

  • One needs a lawyer in order for the contract to be valid.

  • Easements claims to necessity are the hardest to procure.

  • Negative easements block a person from using another’s land or property.

     

     

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