Essentials of Easements

Posted by Krystal Thompson on Thursday, November 15th, 2018 at 2:01pm.

This weeks topic may not apply to everyone, however, unless you have taken a good hard look at the title work associated with your property you may not be aware if it applies to you or not.  Most of the time when people think of and easement (I mean, I don’t know about you but I stay up at night thinking about mine) they think “I don’t own land in a rural area so I’m not concerned with easements.”  Newsflash:  An easement can be in rural, or urban areas.  I live in Denver, Colorado and my two neighbors and I share an easement.  Before I get ahead of myself lets get the legal definition of an easement and then I will shed some more light on the topic.

This definition comes to you from the FindLaw website: An easement is a property right that gives its holder an interest in land that's owned by someone else. It's common for people to lack a clear understanding of easements and the numerous legal problems that can arise in their creation, interpretation, and implementation.

Since I have an easement I will start with explaining how it came to be and why its still in use.  My home was built in 1882 and behind it there was a horse carriage “turn-around”, essentially similar to todays col-e-sac.  Its now 2018 and hundreds of homes have been built and the original land owner starting building on the land that he owned and later selling it.  Over time this horse carriage “turn-around” became a legal easement because someone needed to use it in order to access their home.  Now it functions more like an alley but our other two neighbors still use it as well as us because thats how we access our parking. 

While it may be more typical in a rural area the city has hundreds of them and a suburban neighborhood can have them as well.  How you ask?  Well, the city can have easements to private property if they need to gain access to them in order to repair or build.  Think sewer, water, electrical.

There are a few different types of easements but the most common are easements of necessity and easements implied fro quasi-easements. Easements of necessity are typically implied to provide access to a landlocked piece of property. Easements implied from quasi-easements are based on a landowner's prior utilization of part of his or her property for the benefit of another portion of his land.

** WARNING-  if you as an owner granting an easement you should be aware that the course generally assume that they last forever!  (hence why mine is still a functioning easement). 

 

There are many other types of easements and many laws regarding them. If you have further questions or concerns please don’t hesitate to reach out: krystal@westandmainhomes.com 

www.krystalthompsonrealtor.com

 

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