Guide to Easement Law
This guide covers topics such as how to terminate an easement, the rights of other parties, the legal aspects of implied easements and how a lawyer can help you with the processes.
How to Terminate an EasementEasements are usually permanent unless the agreement between parties provides the landowner the ability to terminate the easement through a certain type of legally binding relationship. However, it is possible for both parties to extinguish the easement if they are in agreement that the benefits are no longer necessary.
Read more- Exclusive Easements - Why Are They Important?
Exclusive easements are important for someone that does not own the land or property because it provides a use of the location for various means such as extra parking, a way out of the company parking lot and to pass through an area not packed with traffic. Getting an exclusive easement is not easy, but it is possible to negotiate one with a private property owner.
Read more - Can I Get an Easement from the Government?
There are certain easements that are by necessity and may occur with the federal or state government regarding land, but if the ownership passes into private hands, these easements tend to disappear because the necessity is no longer there. Getting an easement is then important when it comes from the government in these situations.
Read more - Important Legal Aspects of Implied Easements
The easement on a property is a legally binding agreement with the landowner that provides benefits to the person or entity that receives the easement entitlements which does not create an interest, exchange of possession or ownership with the land. The landowner still retains the rights and ownership of the land, but he or she can provide an implied or express easement.
Read more - The Legal Effects of a Real Property Easement
Easement agreements often have legal effects that convey benefits to the easement company or person through the landowner that still retains the rights to the land and all property benefits. Knowing how these legal effects impact both parties is important before becoming part of the agreement and binding the legal contract to the land.
Read more - Conservation Easements Protect the Use of Land
A conservation easement specifically involves the protection of a parcel of land. SUch an easement will permanently limit the use of the identified parcel in order to protect the land over the course of the easement life.
Read more - Easement Agreements between Businesses
An easement is a common term you will encounter when discussing commercial property. Property law can be complex and even difficult to understand. There are varying degrees of easements available and the purpose of the easement is an important issue.
Read more - Easements and the Creation of Rights to Another Person's Property
When a person owns land, he or she may assume that he or she is the sole owner of all of the land and can restrict others' use of the land. However, through an easement, another person or entity may have the right to a limited use of the land.
Read more - Making an Easement on Real Property
Easements grant certain rights to a person’s land even when the property is not owned by the individual, and making an easement often requires negotiation and time. By contacting the landowner and discussing why an easement is necessary, it may be possible to keep these real estate conditions in the deed of purchase that passes to descendants.
Read more - Ways to Terminate an Easement
Easements are usually permanent unless the agreement between parties provides the landowner the ability to terminate the easement through a certain type of legally binding relationship. However, it is possible for both parties to extinguish the easement if they are in agreement that the benefits are no longer necessary.
Read more - What Are Prescriptive Easements?
When a person adversely possesses property or squats in a building, he or she may cause a prescriptive easement to occur. Knowing how this occurs and what ways to prevent it are both important for land and property owners, so they may implement the proper preventative measures and avoid a portion of land or a building to transfer ownership to someone else.
Read more - What Types of Easements may be Added to a Deed?
Easements are placed on property so that another person or company may use a portion of the land for a specific purpose without having actual ownership or possession of that piece of the area. These agreements are often set in place by the current or previous owner of the property through certain conditions or terms in the title or other legal documentation, and there are several types.
Read more - Loss of Property Through Adverse Possession
The legal right to acquire property through an easement, building or fence may transition the ownership of some or all the land or building from one person to another. If someone places or uses the land or house in such a manner, he or she may become the legal owner after so much time passes based on the state laws.
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