What is an easement, and how many different types are there?

Today, we will break down the different types of easements, why they’re important, and how they impact your life at home.

This guide gives you the basics so you can confidently understand this term better. Ready to learn more? Let’s jump in!

What is an Easement?

It is like getting a permission slip that lets someone use a part of someone else’s property for a specific purpose. Even when they don’t own the property, they can still go on with it or use it in specific ways. Think of it like walking through your neighbor’s yard to get to the street because there’s no direct path from your house. 

There are different kinds of easements, and each one works differently.

Affirmative Easements

Affirmative easements are the most common ones. They grant the dominant estate or easement holder the right to use the servient estate for a specific purpose. For example, a power company may have an affirmative easement to place power lines on someone’s property. Homeowners may also have affirmative and express easement agreements to use their neighbor’s sewer systems or driveways.

Negative Easements

Negative easements might sound strange, but they’re another type of rule in the real estate world. They stop the property owner from doing certain things they normally could. For example, there’s a thing called a ‘right to light’ easement. That means your neighbor can’t build something that blocks sunlight from reaching your property.

Common Types of Easements Explained

There are different types of easements, and you need to know all of them to pass the real estate license exam. Each type varies in scope and purpose, and it’s necessary to understand their implications. Here are the principal ones:

1. Utility Easement

They allow utility companies to use a part of your property to reach their pipes or cables. These rights are usually mentioned in your property’s deed because they help keep everyone’s utilities running smoothly.

You usually can’t change these agreements because they’re there for everyone’s benefit. But they shouldn’t interfere with your everyday activities. Just be careful with big projects like installing a swimming pool, as they might be affected by these utility easements.

2. Private Easement

Private easements are like making a deal with your neighbor to let them use a part of your property for something specific. For example, let your neighbor use your driveway, put a pipe for sewage under your land, or use a well on your property. Remember, you can say yes or no to these requests from your neighbors.

But if the property owner before you agreed to these deals, those agreements might be valid after you buy the property. So, when buying a place, check out any of these existing private understandings. Knowing about them is important because they can affect what you can do with your new property in the future.

3. Easement Appurtenant

This case is a common type of right-to-use agreement. Imagine two neighboring properties. If the owner of one property needs to use part of the other for a specific purpose, like a pathway, that’s where this easement comes in. The property getting the benefit is called the dominant tenement, and the property being used is the servient tenement.

If you sell the land that benefits from the agreement (the dominant tenement), the new owner gets the same rights to use the neighboring land. And if you own the land being used (the servient tenement), this responsibility runs with the land, even if you sell it.

4. Prescriptive Easements

This one is a bit different from other types. It’s not about signing papers to use someone’s property. Instead, it’s like earning the right to use a property because you’ve been using it openly and without the owner’s permission for a long time, usually around 15 years.

You must use the property visibly and continuously for this easement to count. You can legally use that land once you’ve done this for the required time. Plus, if you sell your property, the next owner can use the land like you did.

5. Easements in Gross

Easements in gross don’t depend on owning a neighboring property. Instead, they give a specific person or company the right to use someone’s property for a particular reason.

A typical example is utility companies needing to access your property to work on cables or pipes. Or, a business might need a part of your land to put up a billboard.

Here’s a fundamental difference from easements appurtenant: easements in gross are linked to the person or company that holds them, not the property itself. That means this right-of-use doesn’t automatically go to the new owner when you sell your property.

6. Implied Easements: Prior Use or By Necessity

There are two types of implied easements: by prior use and by necessity.

An implied easement by prior use happens when a long-standing use of a property was there before it got split into different pieces. If that use was obvious and both sides expected it to continue after the split, then an implied easement might come into play. For example, if a property uses a sewer system that is actually on the next property, it creates an implied easement to keep using that sewer system.

Then, there’s something called an implied easement by necessity. It comes up when someone divides their property but leaves one part without access to a public road or essential services. In these cases, a court might say there’s an easement to give access to this landlocked piece of property. But it must be necessary; authorities might not allow the easement if another way to access that land exists

The Significance of Easements in Real Estate

Understanding easements and their implications is crucial for homeowners and property buyers. They affect property values, usage rights, and even the ability to make certain modifications or improvements to the property. It is important to thoroughly review any existing easements on a property before purchasing it to ensure that they align with your intended use and plans.

In Closing

As we’ve explored the various types of easements, their significance in the real estate landscape becomes undeniable, particularly when it comes to passing your real estate exam.

This knowledge isn’t just about memorization; it’s about comprehending real-world property scenarios that are commonly tested. Being well-versed in these concepts enables you to approach exam questions about land-use agreements with clarity and precision, increasing your chances of success.

With Lexawise, you’ll gain a deep understanding of topics like easements, as well as access to essential tools like our Real Estate-Trained AI Chat Tutor, interactive flashcards, and unlimited practice tests. These features are designed to help you grasp key concepts and prepare confidently. Ready to ace your exam and start your real estate career? Sign up for Lexawise today and get access to all the tools you need for success!