The Legal Effects of a Real Property Easement

Easement agreements often have legal effects that convey benefits to the easement company or person through the landowner that still retains the rights to the land and all property benefits. Knowing how these legal effects impact both parties is important before becoming part of the agreement and binding the legal contract to the land.

Easements and Benefits

Easements granted by the property owner provide the business or entity with benefits depending on the type of easement, what is necessary for the company and the actual real property in the land owned by the other party. The agreement is something that usually requires a legally binding contract which will hold each party responsible for certain aspects of the relationship. The landowner still retains his or her rights to ownership and the easements does not transfer this interest. The easement merely conveys benefits to the company in one or multiple ways and can occur in an exclusive or open way for one or more businesses.

Real Property and the Need

The property that requires the easement usually has an express need. Generally, this type of need is access to land through a driveway, a parking lot or even a back alley that is on the landowner’s property. The easement will grant this access to the business and provide this benefit until something else occurs such as a termination, a change in ownership of the land or the business dissolving. The real property can retain the easement into the future and become permanent or only long-term with only a temporary benefit given depending on the type of easement or need for the land’s access.

The Type of Easement

The legal effects of the easement on real property generally depend on the type of easement. If there is an express or implied process, it can change the way the landowner and other entity work through the arrangement or deal. The right to use the land for others than the private owner can also determine what legal effects impact both parties. It is important to research and understand how different easements and legal concepts or rules will apply to the situation with another person or entity. The landowner may have fewer rights if he or she buys land adjoined to a public location or business.

Access with a Private Home

Some private property will cross into the private property of another person. If an individual purchases a house that has a driveway or parking lot that crosses into a neighbors land, it can cause problems that lead to legal issues later. The potential to purchase such houses may decrease if there is little possibility of an easement. Other issues arise through utility companies and other entities that need to run cables or other equipment over the private property of a landowner. The entity or person may need to contact a lawyer to initiate an easement on the other property with the owner.

Easement Specifics

There are different aspects of the easement that can cause legal issues or help with legal contracts between the two parties. The agreement is often one that legally binds the two parties together to provide benefits for the easement to the business or individual and the property owner retains the rights and use of the land in all other respects. However, the contract is similar to others and can proceed through a breach which can require the repayment or other legal action from the landowner to the other party. Within the contract are the aspects of termination, scope, creation and transferability to include the nature of the
easement and the need.

The easement generally does not place any burden on the landowner, but it does convey benefits to the other party. The use of and access to the parcel of land remains relatively the same unless there is a stricter easement in place such as a conservation easement that removes the right to develop on the land. The legal effects may increase or decrease based on an agreement for an express easement or the circumstances for an implied easement that occurs through circumstance rather than a legally binding agreement and relationship.

Legal Support for Real Property Easements

When a person has a piece of land or building that has the need for an easement with another party, it is important to contact a lawyer to proceed through this process carefully and ensure the landowner’s rights remain. The lawyer may also need to amend or just review the contract.

Provided by HG.org