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3 common types of easements 

On Behalf of | Oct 21, 2024 | Real Estate Disputes

Land ownership isn’t always straightforward. An individual may own a piece of land, but others have a legal right to use that land. This right is called an easement. 

To prevent disputes or address them when they arise, it can help to have a more in-depth understanding of what easements are. 

Outlined below are 3 of the most common types of easements

1. Express easements 

Express easements are the most common type. These are easements that are expressly written into contracts. They often relate to stretches of road like driveways. For instance, one individual may own the driveway that leads to several houses. Without access to that road, multiple houseowners could not reach their buildings. Thus, an express easement giving the homeowners the right to use the road is written into the deeds of the properties. 

2. Prescriptive easements 

Prescriptive easements are not written into contracts. Rather, they relate to how a piece of land has traditionally been used. If an individual walks into a neighbor’s back garden without permission, then they are technically trespassing. However, if that back garden contains a footpath, and there is no fencing, signs or privacy restrictions, and the footpath has been used publicly for a decade, then a prescriptive easement may apply. 

3. Easements by necessity 

Sometimes, it is necessary for another person to enter land that is not their own. For example, if a property owner’s driveway contained the mains gas for the entire street. Should there be an emergency, then it would be necessary for someone else to access the switch for the safety of others. This is an easement by necessity. 

To learn more about easements, seeking legal guidance is a good place to start.