What Does the Law of Conservation Say

Understanding Property Easement Laws

When you own a piece of property, it's common to think that no one can tell you what to do with any part of it. You can paint it any color you want. You can put in a pool with an entertainment deck. You can build your kids the play area of their dreams. It's all good until you put up a fence to frame your backyard and the electric company tells you to take it down. You may own the property, but they have an easement on it that gives them the legal right to use part of your property. So what exactly is an easement?

Types of Easements

The several types of easements are defined by their effects and benefits. Affirmative easements give someone the right to use property that doesn't belong to them. Negative easements restrict what landowners can do on their properties. Easements generally benefit a specific person or company. Appurtenant easements benefit a specific piece of property.

One of the most common types of easement is a utility easement given to an electric, cable or water company. For example, an electric company needs access to lines to conduct repairs and maintenance. When those lines cross over someone else's property, the company is granted an easement that gives it the right to enter the property.

Purpose of Easements

Easements may benefit a specific person, company or piece of land. In the previous example of the utility company easement, the company needs the easement to do its job. Sometimes an easement benefits the property instead of the property owner. In the case of a landlocked piece of property, an appurtenant easement provides access to the property through adjoining pieces of land.

How Easements Are Created

You can create an easement through written agreement, implication or prescription. In most cases, parties detail their agreement in writing and submit it to the court for recording. Some easements are implied. This happens when the only way to access a piece of land is through neighboring property. The easement then becomes attached to the land and applies to future owners.

Easements by prescription occur when individuals create and use an easement, even without a written agreement. State laws regulating prescriptive easement vary, but they have certain requirements to establish the easement. In most cases, the law requires that the easement is not secretive, even when done without the owner's permission. It also must be an established practice that has occurred for several years.

Duration of Easements

Unless a written agreement specifies a termination date, most easements are permanent and carry over to new owners. This applies even if the easement agreement isn't in writing. That doesn't mean you're stuck with an easement. It ends when it's no longer necessary. For example, when a landlocked piece of property is no longer landlocked, there's no need for an easement to reach it. If the electric company moves it's lines away from your property, the easement ends. In some cases, easement rights end due to abandonment or condemnation of the property.

Property Rights vs. Easement Rights

Easements do place some restrictions on what the property owner can do with the land. You can't block the easement owner's access to the easement by building a fence or wall. For example, individuals who own beachfront property adjoining a public beach can't put up a fence that prevents people from reaching the public land.

Solar easements also restrict vertical space on your property. If your neighbor has a solar easement, you may not be allowed to construct buildings or plant trees that interfere with the solar panels they use to produce energy. However, these easements usually include some form of compensation because they aren't technically necessary.

How to Find Out If Your Property Has an Easement

Sometimes it's easy to determine whether you're property has an easement. If the easement is recorded, it should show up in a title search or on a survey of the property. You can also check directly with a utility company or the local land record office. Ideally, there should be some form of written agreement, even if it's between two neighbors, to prevent misunderstandings.

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