Phillips & Angley

What is an easement?

Easements are an important part of property law to understand. They can also sometimes be complex to understand which is why landowners should be familiar with how easements work and ensure they have all their questions about easements answered.

Easements are a part of property law that is important to understand because an easement is essentially a property right that provides the holder of the easement with an interest in property that is owned by someone else. Easements are considered nonpossessory property rights that allow the holder of the easement to use the property the holder does not own or possess. The easement holder cannot exclude others from the property but the property owner also cannot exclude the easement holder. Easement holders may have rights and remedies against a party that interferes with their lawful use of the property.

Easements can be created by conveyance or deed, such as a will or a contract, and must meet certain requirements in their creation. They must be created in a written instrument with a signature and the document must be properly delivered. In some circumstances, an implied easement may be found by the court. Implied easements can include easements by necessity or a quasi-easement.

There can be legal complexities associated with easements related to the creation, interpretation and implementation of easements so it is important to thoroughly understand them and the legal tools and resources available when problems arise with an easement. It is important for both property owners and owners of an easement to be familiar with their rights and remedies associated with an easement and how to enforce those rights.

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