Explaining Easements

According to the Free Legal Dictionary, an easement is a nonpossessory interest in another's property land that entitles the holder only the right to use such land in the specified manner. If you are a homeowner with an easement attached to your property or a homeowner who requires an easement from another in order to use your own property, then at some point you have wondered about the property easement rights of the owner. Easements can be a complicated matter. There are four basics types of easements, although there are many variations and additions to each of these four. Right-of-way easements This is the most common type of easement. This is the type of easement that would be required by the owner of a landlocked property. He would need an easement of access, such as a driveway or road that crosses the secondary property. These types of easements can also be split into positive and negative easements. Access to a beach through a neighbor’s property would be an example of a positive easement. A negative property easement would prevent that same property owner from planting trees or erecting a structure that would block your path. These easements must be revealed by the seller to the buyer in the course of the property sale. These rights of easements are normally transferred by will, deed or contract and are attached to the properties and not the individuals. Easements of support In many large cities, both residences and commercial properties are abutted up against each other. An easement of support gives the owner of one building the right to have his building supported if the structure beside his is to be demolished. The easement of support also applies to soil that is moved that can cause a structure to lean or collapse. Easements of light and air This easement recognizes our rights to sunshine and fresh air. It is considered a negative easement and prevents our neighbors from erecting a structure or altering his landscape that reduces the amount of light we are receiving or blocking our access to fresh air. An example is a neighbor who erects a garage in front of your family room, reducing your light and reducing the quality of your air. Easement rights, however, are not keeping up with the times for rights to solar and wind energy. There has been to date no precedent for a neighbor who has lost the use of his solar or wind power due to the obstructive nature of another neighbor’s structure. Water This easement allows you to draw water from a spring, waterway or well of a neighbor’s property. It is more of an issue in rural areas. It is also important to note that if that easement is not utilized for any reason the right of easement can become moot. It is important when you are looking at homes for sale that you take note of any easements attached to property, whether it is an easement for your property or on your property. Issues can arise decades later if issues are not handled properly during sale. Make sure you contact the services of a good real estate lawyer to ensure you are well protected.