An easement is a legal right to use someone else’s land for a specific purpose. A right of way is a specific type of easement that grants the ability to pass through another person’s property.
Understanding easements and rights of way is crucial when it comes to property ownership. They can seriously affect your property rights and its value. Disputes over these legal arrangements are common, which means clarity and legal protection are paramount.
This article will cover how easements are created, the different types of easements and rights of way that exist, common disputes, and how those disputes can be resolved.
What is an easement?
An easement is a legal right to use or control someone else’s land for a specific purpose. The land that benefits from the easement is called the dominant parcel, and the land that’s burdened by the easement is called the servient parcel.
Easements grant specific, limited rights, not ownership. Some common examples of easements are rights of way (for example, to cross someone’s property to access your own), utility easements, and drainage easements.
Easements vs. licenses
It’s important to remember that easements are property rights, whereas licenses are personal permissions. Licenses can generally be revoked at any time, but easements are usually more permanent.
Documenting agreements is crucial to avoid disputes down the road. If you’re considering granting or obtaining an easement, it’s always a good idea to consult with a real estate attorney.
How are easements created?
Easements can be created in a few different ways.
Express easements
An express easement is created through a written agreement, usually in the form of a deed. The deed has to specify exactly what the easement covers and where it’s located. To be legally binding, express easements should be registered with HM Land Registry.
Road easements are often created by house builders for the benefit of new homeowners.
Implied easements
Implied easements come about through operation of law, without a written agreement. Two common types of implied easements are:
- Easement of necessity: This comes into play when a property is landlocked and needs access across another property.
- Easement by prior use: This is created when a property was used in a way that benefited another part of the land before the properties were separated.
Prescriptive easements
A prescriptive easement is acquired through long, continuous use of another person’s land, without their permission. The use has to be open and obvious, not hidden. The number of years of use required varies, but it’s often 20 years or more.
The use has to be “adverse,” which means it’s done without the owner’s consent. If the owner gives permission, it’s not considered an easement.
Rights of Way: A Specific Type of Easement
A right of way is a specific kind of easement that gives someone the right to travel across another person’s land. This could be for walking or for driving.
Rights of way are commonly used to:
- Provide access to a property that would otherwise be landlocked.
- Create shared driveways between two or more properties.
It’s crucial that the right of way agreement clearly defines exactly how the land can be used. For example, it should specify what types of vehicles are allowed. A lot of disagreements happen when the details of the right of way aren’t clear from the start.
Easement Disputes: Common Issues and Resolutions
Even when easements and rights of way are clearly defined, disputes can arise. Here’s a look at some common causes and how to resolve them.
Common Causes of Disputes
- Ambiguous Easement Agreements: If the language in the original easement deed is vague or unclear, disagreements are bound to happen.
- Changes in Property Ownership: New property owners may not even be aware of existing easements, or they may interpret the easement differently than previous owners.
- Misuse or Abuse of Easement Rights: Sometimes, the easement is used in a way that exceeds its original scope. Think excessive traffic or parking where it’s not allowed.
Impact of Easements on Property Value
Easements can have a mixed effect on property values. An easement that grants access to a landlocked property, for instance, will likely increase its value. On the other hand, an easement that restricts how you can use your property may decrease its value.
Before you buy or sell property, it’s crucial to understand how any existing easements affect its value.
Resolving Easement Disputes
What can you do if you find yourself in an easement dispute?
- Negotiation and Communication: Start by trying to resolve the issue amicably. Talk to the other party, clearly explain your concerns, and see if you can find a solution that works for everyone.
- Alternative Dispute Resolution: If direct negotiation doesn’t work, consider mediation or arbitration. These methods can help you resolve the dispute without going to court.
- Legal Action: As a last resort, you may need to take legal action. A court can interpret the easement agreement and enforce its terms.
Abuse of easements and remedies
Easements come with responsibilities, and it’s possible for people to abuse them.
Examples of easement abuse
Here are some things that might be considered abuse of an easement:
- Using a right of way too much, such as having numerous deliveries or parking too many vehicles on it
- Blocking or obstructing an easement and preventing access to it
- Making improvements that aren’t authorized within the easement area
Steps to stop easement abuse
If you think someone is abusing an easement, there are actions you can take.
- Document the abuse with photos, videos, and written records
- Send a written notice to the other party, demanding that they stop the abuse
- Seek legal advice to learn more about your options, such as an injunction to stop the abuse
Consequences of breaching an easement
Breaching an easement can have consequences. Legal action can be taken to enforce the easement, and damages may be awarded to make up for any losses caused by the breach.
How can easements be terminated or removed?
Easements aren’t necessarily permanent. Here are some of the ways they can be terminated.
Methods of termination
- Agreement. If both parties agree to end the easement, they can record a deed of release.
- Merger. If one owner comes to own both the dominant and servient parcels, the easement is terminated.
- Abandonment. If the easement holder clearly intends to abandon the easement, it may be terminated.
- Terms of the easement. Some easements have a defined term specifying when they expire.
Legal action
A court may order the termination of an easement if it’s no longer necessary or has become obsolete. These situations don’t come up often.
Closing Thoughts
Understanding easements and rights of way is crucial for any property owner. These complex legal rights can profoundly affect how you use and enjoy your land.
To avoid disputes down the road, it’s essential to ensure that all easements are clearly documented and communicated to all parties involved. Properly drafted and registered easements are your best defense against future problems.
Navigating easement-related issues can be tricky. When in doubt, seek advice from a qualified property law expert to protect your rights and interests. A little legal guidance can go a long way in ensuring a smooth and secure property ownership experience.