How Real Estate Easements Are Created

If you have heard the term easement for the first time and are wondering what it actually is, then you have clicked on the right blog. A real estate easement refers to one entity’s right to use a part of the land that they don’t own for a specific reason. Easements conflict are usually created when someone purchases land and gets a part of an easement with it. There are plenty of reasons due to which one party involved in the conflict might want to use the land of another party. Most of the time, these reasons can be logical and rational. In this article, I have mentioned how real estate easements are actually created. So if you want to know what is an easement in detail, then take a look:

Easement by Agreement

Easements by agreement occur when an owner of a property wants to use a small chunk of their neighbors’ estate for a valid reason. For example, if two adjoining property owners share a single road and one needs to go through the property of the other to access the main freeway, then there will be a need for an agreement. That agreement will be defined for the maintenance of the road and to lift any sort of restrictions from the owner who may need to pass through the other owner’s property.

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Easement by Necessity

This type of easement is created by the court order and is for property owners who cannot access their property due to the surrounding properties covering all the access points. If a person cannot enter or leave their property without stepping into their neighbor’s property, they have no other way to access their property. In most states,a property owner has a right to enter and exit their property in any condition, and it is referred to as the right to ingress and egress. A legal order will be given to that property owner, and no other property owners will have the right to stop them.

Easement by Conveyance

Another type of easement, which is also a part of property deeds, is an easement by conveyance. This easement is created when a person cannot access the freeway or a road with their property because of their neighbor’s property. Everyone in the country has the right to have a way to pass through, and if a person is selling two different properties with only one having access to a road, then they will have to add the right to cross for the property that doesn’t have a road.

Real Estate Easements

Easement by Condemnation 

This easement is created when a conflict between the government and a property arises. If the government thinks that a part of someone’s property can be used for the public’s benefit, they can condemn it. The eminent domain laws allow the government to use someone’s property for a public project. For example, if a government is creating a new highway that is going through someone else’s property, then they will take it with easement by condemnation. 

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