What are the Basics of Easement?

| Dec 11, 2019 | Firm News |

An easement is a type of property right that gives the holder the right to use land that is owned by another person or entity for a specific purpose and amount of time. The holder has a non-possessory right to use it, according to the easement restrictions, even though it is owned by another. Because easements can be complex, interpreting and enforcing them often leads to legal disputes. Taking a closer look at how easements are created, common scenarios when they are used, and how to resolve easement disputes when they arise can be helpful.

Creating Easements in Pennsylvania

Most easements are established by conveyance in a deed, will, or contract, much in the way that other interests in land are transferred. These are called express easements and they have very clear guidelines on the exact parcel of land to be used, how it will be used, and exactly who will use it. In fewer cases, the courts will create an easement based on implied intentions of the parties involved, known as implied easements.

There are several different methods for establishing easements, including via public trust and estoppel. Your Philadelphia real estate lawyer will evaluate your needs and goals to determine which applies to your situation. If you have an easement and want to prevent any potential disputes in the future, be prepared to present a contract that includes a precise description of the location of the easement, the amount of time the easement will be in effect, and signatures of the property owner and the guarantee.

Types of Easements

There are different types of easements to meet various needs, which include:

  • Public easements: These permit the general public to access or pass over land, such as sidewalks and streets
  • Reservation easements: When a landowner includes provisions, the new owners must abide by allowing the original owner to retain access to a certain part of the property
  • Utility easements: These allow service providers and utility companies to run lines or build and repair equipment on private property

Generally, easements are classified as either affirmative or negative. Affirmative easements guarantee what they can do with the land. Negative easements restrict what the holder can do with the property, such as preventing a new owner from blocking views of the ocean or the mountains when developing the land.

Terminating an Easement

You may find you are unduly burdened by an easement that applies to your land. Maybe you feel the holder is not adhering to the easement requirements by using the land outside of the designated purpose, or perhaps the landscape has changed, and the original easement restrictions no longer make sense. You can ask the court to restrict or terminate the easement completely.

Philadelphia Real Estate Lawyers at the Harty Law Group Provide Aggressive Representation for Tenants and Property Owners

 The Philadelphia real estate lawyers at the Harty Law Group can assist you with all your pressing legal matters. We understand the complexities of easement stipulations and work diligently on your behalf when yours becomes a burden. We will evaluate your situation and explain your legal options so you are empowered to take the next best step toward a positive outcome. To schedule an initial consultation today, call us at 267-383-3899 or contact us online. Located in Philadelphia and Haddonfield, New Jersey, we serve clients throughout New Jersey and Pennsylvania.