An easement is a legal right to use another person’s land for a specific purpose, such as accessing a property or running a utility line across it. Easements can be either positive or negative, and they can be created by express agreement or by law. Here is what you need to know about easements:
- Positive easements: A positive easement gives the holder the right to use another person’s land in a specific way. For example, a positive easement might give someone the right to use a driveway to access their property.
- Negative easements: A negative easement, also known as a restrictive covenant, imposes a restriction on the use of another person’s land. For example, a negative easement might prevent someone from building on their property in a way that obstructs the view of a neighbor.
- Express easements: An express easement is one that is created by an agreement between the parties, either orally or in writing. Express easements are often created when one person sells a piece of land but retains the right to use a specific part of it.
- Implied easements: An implied easement is one that is created by law, rather than by express agreement. Implied easements can be either prescriptive or necessary. A prescriptive easement is created by continuous use of another person’s land for a certain period of time, while a necessary easement is created when one person’s land is landlocked and they need access to a public road.
- Easement by estoppel: An easement by estoppel is created when one person relies on the representation of another person that they have an easement, and they act in reliance on that representation. For example, if someone builds a driveway on another person’s land because they were told they had the right to do so, and the owner of the land later tries to deny them the right to use the driveway, an easement by estoppel may be created.
Easements can be complex legal concepts, and it’s important to seek the advice of a lawyer if you have questions about your rights or obligations under an easement. Understanding your rights and obligations under an easement can help ensure that you are able to use your land effectively and avoid disputes with your neighbors.
Tucker Engineering is a civil engineering and land surveying company with more than 25 years of experience in Alabama. We have a team of highly experienced and skilled surveyors and engineers that will assess you and give you a personalized quote for your property. Ready to get started? Contact us today!