Most properties have easements and there are three main kinds. This article will give you some basic information on these three different types of easements easement in gross, easement appurtenant, and prescriptive easement. Easement in gross Only property will be involved in easement in gross and no one else's rights are considered. One common example is a public utility line easement is considered one of these sorts of easements and it would be recorded. If an easement in gross is not disclosed and it turns up to cause trouble later on then it is the responsibility of the title insurer, not the new owner. Prescriptive easement This type of easement will come into play when you let someone use some of your property or if you use part of someone else's, like a neighbors without permission. This easement will only involve the loss of a piece of your property like your driveway. When you are dealing with adverse possession of a prescriptive easement you are dealing with the loss of your entire property due to unauthorized use. To qualify for this type of easement you will have to prove several things. You will have to show that there has been hostile use of your land without permission for a very long time, in some states at least 5 years. Property boundaries are often involved with prescriptive easements. The only way to avoid this type of easement besides taking action against the person is to give them permission to use the land. In this case you will need to send them documentation to prove your case. Easement appurtenant These easements involve things like having to drive over your neighbor's property to get to your own and things of this nature. You can even get an easement of necessesity in the cases of landlocked parcels as in the cases of land that has no public access. You will have to go to court to get one of these types of easements. |
