Learn The Basics: Right Of Way Easements

When your property is not accessible without having to cross over someone else’s, right of way easements can grant you that access to reach your property.

It is just as important that you are up to date on your rights in the event that a right of way passes through your property. We will cover both of these topics as well as other types of easements below.

Easements allow people or organizations the right to access and use your property in specific situations for a limited purpose. More specifically, a right of way is a type of easement that establishes the right to use a pathway or road on someone’s property without consulting the owners.

Right of way easements are very common, particularly in rural areas where people often own large amounts of land that can be spread out. These circumstances can make it so that you cannot get to your property without having to pass through someone else’s land, making a right of way easement usually necessary. 

Other Types Of Common Easements

Private Easement

A private easement is an agreement between two property owners giving the owner of one property the right to use another’s property for a specific purpose. An example of this might be if a neighbor needs to run pipe under your property to get to their house, so they draw up a private easement. The terms of these agreements may be freely granted or sold.

Public easements, contrarily, are done by the government, and do not require express agreements for rights of way. An example of this might be getting to public parks or resources or allowing for the installation of utilities, where an agreement must be made.

Express Easement

Express easements are agreements that are written down somewhere, whether it is put in a will or put in a deed somewhere. While this may not seem the most formal, it is in the record making it viable.

Implied Easement

Implied Easements are agreements that are not written down, but they are often used by local custom. An example of this might be if your property or path is the only way children have to their bus stop; one could make a case for an implied easement to cross your property. For an implied easement to have legal standard, however, a judge must rule on it, though that may never have to happen if everyone is in agreeance.

Prescriptive Easement

Prescriptive Easements occur when someone is using your property for their own purposes without your permission. The main difference between this easement and the others is the condition that there is no actual agreement between the owners.

The person making the claim must have actual possession of the property, and they must use it openly for their purposes, retain exclusive control and possess the property continuously. If all these conditions are met for any two parties, this may call for a formal prescriptive easement.

How Do You Know if a House Has a Right of Way Easement?

A title search can be done to reveal any easements that naturally are not implied or prescriptive. Doing this search may also reveal any encumbrances on your home or property, meaning any limits placed on the use of your own property.

A common example of this is a lien requiring a payment of debt if the property is sold. Sellers are required to disclose easements on their property. 

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