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How Do I Get A Right Of Way Easement?

Right-of-way easements can grant you access to your property if it is not accessible without crossing over someone else’s property. It is essential to be aware of your rights when you have no other way to access your land, especially when you need to access your land for Right-of-way clearing.

Understanding a Right Of Way Easement

An easement gives a person or an organization the right to access and use someone else’s property. Usually, this is in a specific situation and for a particular purpose.  Right-of-way easements establish a pathway or road on someone else’s property, to get to your own. This is done without conferring ownership.

This is one of the most common forms of easements, especially in rural areas where landlines may have been drawn years ago. The only way to get to your property is to go through someone else’s land in many situations.

There are also many other types of easements you may not have considered. For example, utility easements are used by electric companies to make repairs or to read meters. 

Right Of Way Vs. Easement

What you need to be aware of is that all rights of way are easements, but not all easements are rights of way. Every easement is not going across someone else’s property to get to your own, but all rights of way are.

Types Of Easements

 

Appurtenant Easement

Also referred to as easement appurtenant, it occurs when two properties are connected. The property that benefits from the situation is the “dominant” estate. This might be a path from the other property to their own. The other property is considered the “servient” estate.

Easement In Gross

Unlike an easement appurtenant, easements in gross are not regarding the property. Instead, they are regarding who is using the easement at any time. This is often the case with utility workers.

Private Easement

Private easements are agreements between two property owners. This agreement will give one owner the right to use another’s property for a specific purpose. This might be to run a pipe under the property. In some cases, these rights are sold. 

Express Easement

These are easements that are written down. Once the originator has passed on, it may be put into a deed or a will to protect the easement. However, what makes it an express easement is on the record.

Implied Easement

Alternative to the express easement, an implied easement is not written down. Instead, it is used by local custom. Everyone needs to cross the property to reach another, but the difference is that it is not possible to enforce it by law. 

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