An easement is an agreement governing land use. Essentially, the property owner is allowing someone else to use that land, often with specific guidelines. The person is not allowed to alter the property or restrict the owner’s ability to use it, but they do have the right to use it in a certain way.
One example is when someone buys a piece of property that is cut off from the main road by another property. They may obtain permission from the landowner of the front lot to drive through a shared driveway to access the back lot. The easement guarantees they will always have access to their property, as the front property owner cannot cut it off or restrict it. However, the easement only allows them to drive through that land to reach their own property, and they can’t use it in any other way.
What if the property is sold?
One question people often have is whether they must uphold an easement after buying a property. This may depend on the type of easement in place.
For example, an easement in gross is not tied specifically to the land, meaning it does not transfer with the property. The new property owner doesn’t have to adhere to the easement just because it existed previously. On the other hand, an easement appurtenant is said to “run with the land.” This means it is connected to the land itself, so the easement is included in the property transfer, and the new owner does have to uphold it.
Navigating a dispute
Land use easements can sometimes lead to serious disputes. Those involved need to know exactly what legal options they have.