A property easement is a legal agreement that grants one party the right to use or access another party’s property for a specific purpose. Easements are commonly used when one property owner needs access to another property for a specific purpose, such as a utility company needing access to a property to install or maintain power lines or a neighbor needing access to a shared driveway. Understanding the basics of property easements with an Olympia property lawyer is crucial for property owners and potential easement holders.
Kinds of easement
There are two types of easements: easements appurtenant easements and gross. An easement appurtenant is an easement that benefits a specific parcel of land, such as a property owner needing access to a shared driveway. An easement in gross is an easement that benefits an individual or a specific group of individuals, such as a utility company needing access to a property to install or maintain power lines.
Creation of easement
Easements can be created in several ways. One way is by express grant, where the property owner explicitly grants an easement to another party in a written document, such as a deed or a lease. Another way is by implication, where an easement is created by the property owner’s actions, such as regularly using a shared driveway for access. A third way is by prescription, where an easement is created by the open and continuous use of the property for a specific purpose for a certain period.
Termination
Easements can also be terminated in several ways. One way is by release, where the property owner and the easement holder agree to terminate the easement. Another way is by abandonment, where the easement holder stops using the property for the specific purpose for which the easement was granted. A third way is by merger, where the property owner and the easement holder become the same person or entity.
Rights and responsibilities
Property owners should know that an easement holder has the right to use the property for the specific purpose for which the easement was granted, but they do not have the right to damage or destroy the property. Easement holders are also required to maintain and repair the property and are responsible for any damage caused by their use of the property.
Property owners should also be aware that an easement holder has the right to use the property for the specific purpose for which the easement was granted, but they do not have the right to prevent the property owner from using it. For example, if a utility company has an easement to maintain power lines on a property, the property owner still has the right to use their property for other purposes, such as building a house or planting a garden.