Legal Description for EasementAdmin
If you feel that someone is trying to obtain a prescribed easement for your property, it is important to act quickly. Anything you do to assert your property rights over an intruder before the easement is created will destroy the rights of the intruder. NOTE: This summary is very simplified and is for informational purposes. If you have any questions about this in a dispute with a local government or condemning entity, or questions about access to domestic property, please contact the Office of the Property Rights Ombudsman. If you need legal advice in a private civil matter, we recommend that you consult a licensed lawyer who can advise you on your legal options or represent you in civil proceedings. Although it may seem like a problematic situation, easements are beneficial for most homeowners. If you want your home to have running water, electricity, cables, and sewers, you`ll need a utility company to handle those services. Bridge BLOQ NAC v. Sorf, 2019 UT App 132 – Implied easement requirements. The use of an easement must not unreasonably interfere with the property rights of the usable estate. It follows that the use of the easement must not unreasonably prejudice the rights of the owner of the easement. What constitutes “unreasonable interference” depends on the circumstances.
For example, it may be reasonable to require the owner of the easement to close or lock barriers on the easement property, and it may be reasonable for the owner of the easement to be authorized to bulldoze or maintain an access road. If the proposed easement is used by both owners (the dominant assets and the owner`s property), the use may still be detrimental if it is made without the owner`s permission and even if the owner receives the same use as the proposed easement. For example, a road used by both owners may still be considered a prescribed easement, even if it benefits both the owner of the property and the owner claiming the easement. Easements are necessarily created for situations where another person needs access to your property. These are sometimes referred to as easements of access and are created because of the government`s long-standing interest in making the land productive. Buying a home with an easement doesn`t have to be a bad thing. Many types of easements can benefit both the owner and the holder of the easement. However, they can also cause problems and restrict certain property rights. To protect yourself and your investment, you should take the time to thoroughly research your future property to find out what types of easements it might have. Let`s say your neighbor starts parking in your driveway without your permission. You don`t stop them, and they do it year after year. As unfair as it may seem, illegal access to your property can give them a right of access.
This is because the court might consider your inability to stop them as an act of concession on your part. The scope of an implied, mandatory or necessary easement may be reduced if the use changes over a longer period of time. A more personal example of a gross easement might be one that allows a friend to use your property for hunting, or a neighbor to use your pond for fishing. Private easements may not be a problem, but depending on the conditions, they can limit what you can do with your property. Private easements should be listed on the title. An “easement of necessity” occurs when a larger parcel of land is divided and an easement is reasonably necessary to use and enjoy one of the parcels. In order to establish an easement necessarily, the following must be proven: Here is an example of a prescription easement. Let`s say you live on a waterfront property in California and a neighbor has used your dock for sunbathing and sometimes moored his boat. They never asked your permission, but they`ve been doing it for 5 years. You may be able to obtain an easement from the order to continue using your property for such activities in the future. You do not have the right to stop this type of easement because it would cause an unnecessary burden to your neighbor. They would negatively impact your neighbor`s right to reach the main road.
Of course, it may not matter. If it is an easement, it stays with the property and you have to take care of it. However, if it is a gross easement, it cannot be transferred with the sale of the house. At first glance, easements seem problematic, but they are very practical in most situations. It`s easy to see why accessing your property can be beneficial for you or your utility company. And sometimes, easements are created for the benefit of the entire neighborhood. An easement is an interest in property and is subject to the same general laws as ownership of real estate. The property served by an easement is sometimes referred to as the “dominant domain”, and the property subject to the easement is the “service good”.
(1) The unit of ownership, which means that the service domain (the property subject to the easement) and the dominant domain (the property served by the easement) were formerly owned by one person, but the parcels were divided. (2) Before the division of the parcels, the use of the easement was obvious, obvious and visible. (3) The easement is reasonably necessary for the use of the dominant property. (4) The easement has not been used sporadically but continuously. Bondage by ordinance, also known as a prescribed easement, occurs when a person continually uses someone else`s land for an extended period of time as if they had an easement. To obtain an easement by order, the following criteria must be met: Here is an example of an implied easement. Let`s say you own a large piece of land on a main road and decide to sell some of it. You sell half of your property (plot A) and keep the other half (plot B).
The parcel is divided in such a way that you can only enter your property (parcel B) by crossing the property you sold (parcel A). So if you`re selling Plot A, it`s implicit that you can still use it to get to and from the main road. An easement can be challenged, but it is a comprehensive process that may involve going to court. The process may be easier if the easement holder agrees to terminate the easement or if it has an expiration date.