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What is an Easement?

An easement affects the ownership of your land and your property rights, and can significantly devalue your property.

An easement is a nonpossessory interest in another's land that entitles the holder only to the right to use such land in the specified manner. An affirmative easement entitles the holder to do something on another individual's land, whereas a negative easement divests an owner of the right to do something on the property. There are several types of easements:

Easement by Express Agreement: An easement can come about by written ("express") agreement and is clearly stated in a contract, deed, or will.

Implied Easement: An implied easement occurs when the owner of a piece of land divides such land into smaller pieces and conveys a small piece of land to another person, retaining a right to enter such piece of land.

Equitable Easement: If a court denies an injunction requesting removal of an unlawful encroachment upon owner's property, and "equitable" easement is created. This is generally allowed when continuance of the easement would cause little harm, while taking it away would cause great injury to the user.

Easement by Prescription: An easement created by "prescription" is established by proving: (1) the easement is adverse and absent the permission of the landowner; (2) it is open and notorious; (3) it is continuous and uninterrupted; (4) it is exlcusive; and (5) it exists for the period of time prescribed by statute (usually 20 years).

Easement by Necessity: An easement created when a property owner is "landlocked" and must use another's property to access a street or a highway.

Right of Way Easement: The most common type of easement that grants a right to travel over another's property. Some examples of right of way easements include: water and sewer lines, public use, road access, and public utility.

An easement is difficult to terminate for the actual landlord, and easement claims can cause great expense due to intense litigation and other costs that can be avoided through proper legal representation and awareness as to rights in protecting your property. If you want to protect your property against unauthorized use, it is in your best interest to consult with a real estate attorney at Ball & McCann, P.C. to determine the best options tailored for your own individual circumstances.

An experienced real estate attorney at Ball & McCann, P.C. can advise you as to the best course of action to take and prevent loss of your property rights. Call (872) 205-6556 for a free consultation today.

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