What is an easement claim?
What is an easement claim?
A person may acquire an easement by using the servient land a particular way for a long period of time. Such an easement is called a prescriptive easement. Acquiring an easement by prescription today is similar to acquiring title to land by adverse possession.
When do you need to claim an easement?
An easement may be claimed after a long use of the land for 20 years or more. This use must be enjoyed as a right which was used without force, secrecy and permission. In other words, if there was a permission to use the land an easement cannot be claimed in this case.
What do you need to know about a prescriptive easement?
A prescriptive easement is a property interest acquired through a party’s unauthorized use of another’s real property for a certain period of time. If that party can prove their use met the required elements discussed below, the easement grants the party a right to use a specific portion of the property for a specific use.
Why are easement disputes so common in real estate?
Easement disputes are a staple of real property practice. Some can be of very high value, particularly where the existence of an easement has an impact on a development. Many, however, arise out of neighbour disputes.
Can a court infer an easement from a grant?
If the circumstances surrounding a grant of property show the grantor must have meant that a party keep or get an easement, a court can infer an easement even though the easement was not expressed. An easement may be claimed after a long use of the land for 20 years or more.
How can an easement be adverse to the original owner?
The use of the easement must truly be adverse to the rights of the original owner of the property through which the easement is sought and must be without the landowner’s permission. If the owner has given permission to use the land, the possession is not adverse.
When to claim a prescriptive easement on a property?
A prescriptive easement does not take away ownership of the property, but allows the use of the property by someone else. If you have been using a driveway, road, beach path or shortcut that actually belongs to another for a substantial amount of time, you are well on your way to being eligible to claim prescriptive easement.
When do you get compensation for an easement?
After discussion and negotiation, a price is agreed upon for the easement. Owners receive no compensation for easements that occur over long periods of time, such as a person who uses a dirt road to access his property.
Can a tort claim be joined with an easement claim?
Such a claim must be joined with another cause of action, such as quiet title or declaratory relief, or a tort cause of action discussed below, setting forth the substantive legal right giving rise to the claim for injunctive relief.