What is a shared easement?

Easements come into play often in residential real estate. A shared driveway, for instance, usually involves an easement for one or both of the neighbors sharing the driveway. Other easements take the form of a right-of-way for access to other areas, such as a public path through your property to access a beach.

What does it mean when a neighbor has an easement?

An easement is a legal term used to describe an “interest” to use a piece of land that you do not physically own. For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road.

What’s the difference between easement and right of way?

Most right-of-ways are commonly described as easements. An easement is a legal term used to describe an “interest” to use a piece of land that you do not physically own. For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road.

Do you have to pay for an easement?

Some people grant easements out of kindness and the interest of being a good neighbor, but typically you will need to pay for the privilege of an easement.

Where does your neighbor have right of way?

For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road. However, he has an easement deeded to him with his land that allows him to use a specific piece of your land for that access.

How do I create an easement?

Creating an Easement. Easements can be created four different ways: (1) by an express grant; (2) reservation in a deed or other legal document; (3) by survey; or (4) by implication. Today, we examine express grants, reservations and surveys. An easement created by an express grant is a transfer of a real property interest.

Can the public use a private easement?

A private easement is held by private individuals or entities. A public easement grants an easement for a public use, for example, to allow the public an access over a parcel owned by an individual.

What do you need to know about easement deeds?

An easement deed is the written legal document that asserts the legal right to the easement. The legal term for limited access to land owned by somebody else is an easement deed. Easements can be granted by express or implied permission. An express easement occurs when an easement deed is granted to the party in need of access to the land.

What is an example of an easement?

Easements . An easement is a limited right to use another person’s land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner’s property to lay railroad tracks or electrical wires.