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Easements

Welcome to the Easements section of FindLaw's Real Estate Center. An easement is a legal term describing a situation in which someone allows another party to use a portion of land that they legally possess. One common example of an easement is when someone drives over their neighbor's property to access their house on a shared driveway. Many utility companies have easements through property developments which allow them to enter and perform various services. This section provides information on legal issues that affect the easement holder (the person using the property) and the owner of the property being used.
Learn About Easements
  • Easement Basics

    A broad overview of the laws governing easements. Learn about what an easement is, how they’re created, the legal scope of easements, the rights and remedies under law, their transferability, and more.

  • Express and Implied Easements

    While an express easement is created by a deed or a will, implied easements are implied by a situation or circumstances. This article explains the key differences between express and implies easements and more.

  • Prescriptive Easements

    A prescriptive easement is one that is gained under a legal principle known as “adverse possession.” Learn about the requirements of a prescriptive easement, “tacking” the time requirement, and more.

  • Affirmative and Negative Easements

    Most easements fall into one of two categories: affirmative and negative easements. Learn about the key differences between the two forms of easements and find out which one may be useful for you.

  • Preservation Easements

    A preservation easement protects against undesirable development or indirect deterioration on a piece of property. This article explains how these easements can affect taxation, how “historically important” land is treated, and more.

  • Use and Termination of Easements

    Unlike other types of interests in land, easements may be terminated by abandonment in certain circumstances. This article provides information on how easements may be used and subsequently terminated.

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