An easement is an important property right that creates a property interest in another’s property. For that reason, those impacted by an easement should be familiar with what an easement is and the different types of easements.
The different types of easements
An easement is a non-possessory, and legally binding, interest in another person’s property. Easements can be express or implied in nature.
- Express easement: An express easement is created in a deed or a will. Another way that an easement may be created is by reservation if property is conveyed but the property owner conveying the property reserves an easement interest in the property. Express easements can also be both affirmative or negative in nature, granting an interest or prohibiting one, so property owners impacted by easements should also be familiar with these different types of easements.
- Implied easement: A second category of easements are implied easements. Implied easements are usually created by the situation or circumstances. Requirements for an implied easement include that the easement must be reasonably necessary for the enjoyment of the original piece of property; the property must be divided; and the use for the claimed implied easement must have existed before the severance of sale of the property.
An example of when an implied easement may be created is if a portion of property is sold but the only method of ingress or egress onto the property is a roadway that is on the property that was severed.
Real estate law is an important area of the law that can help property owners better understand and protect their property rights. Easements are a type of property right, among others, that property owners should be familiar with that are a part of real estate law.