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Easements allow a person to use another's land for a specific purpose, as defined in the document granting the easement. There are many types of easements, including express easements, those that are implied by existing use, those that are created by necessity, and those that are created prescriptively; that is, those that are created when a person uses another's property in a specific way without the permission of the property owner for an extended period of time.
Although there are a number of ways easements can be created, they all share common characteristics such as being of permanent duration and running with the land. Some easements must be recorded, while others are effective without the necessity of recording. It is crucial to seek the advice of a knowledgeable attorney to ensure that an easement has been properly created and that it allows the use that is desired by the parties.
Easements can also be extinguished through certain situations, such as when an easement is terminated in writing or when it disappears by virtue of the merger of the dominant tenement - the property that benefits from the easement - and the servient tenement the property that is burdened by the easement. An easement can also be deemed to have been terminated where it has been abandoned or where the circumstances creating the necessity of the easement have changed. The attorneys at White and Bright have experience not only in creating easements but also in having them terminated for clients who wish to free their property of the burden placed upon it.
If you have a legal matter involving any issue relating to an easement for real property, our real estate attorneys can help. We represent both commercial and residential property owners, and we look forward to finding out more about how we can assist you.
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