RENT OWN SELL
Newyork
RENT OWN SELL
Newyork
Owning property comes with freedoms, but also limitations. Sometimes, neighboring properties need access across yours, or utilities require a dedicated path. This is where easements and rights-of-way come in. While both grant access to another’s land, they have key differences.
Unsure which applies to your situation? Let’s untangle the legalese and explore the distinctions between right-of-way vs easement.
An easement is a legal right that allows someone to use part of another person’s property for a specific purpose. This could be for things like access to a road, utilities running through the land, or even blocking someone’s view to preserve sunlight. Easements are typically permanent and binding on future owners of both properties.
Easements usually last forever, called a perpetual easement. In some cases, they can be for a set period of time, but this is less common.
Affirmative easements grant rights to the holder over another property, called the servient estate. This allows activities like crossing, driving vehicles, or installing utilities on that land.
A negative easement prevents the owner of a servant estate from specific actions that impede the dominant estate’s enjoyment. For instance, it could prohibit the construction of buildings that obstruct views.
An easement appurtenant attaches to a dominant estate and benefits its use. It transfers ownership of that property. A common example is a right-of-way allowing access to a public road by crossing over an adjacent lot.
Easements appurtenant “run with the land,” meaning they remain tied to the dominant estate through successive owners.
An easement in gross is a right granted to an individual or entity, not tied to any specific property. Courts often view these with disfavor compared to other easement types. A common example would be permitting a neighbor to use your swimming pool personally.
An easement by necessity arises when a piece of property is landlocked, meaning that it has no access to a public road. In this case, the landlocked property owner may have an easement by necessity over the adjoining property that allows them to cross over it to reach the road.
An easement by prescription is created through the long-term use of another person’s property. To establish an easement by prescription, the use must be continuous, uninterrupted, adverse (meaning it is without the permission of the landowner), and open and notorious (meaning it is obvious and well-known).
The specific requirements for establishing an easement by prescription vary from state to state.
Commonly, one property holder awards an easement to another via legal documentation like a will, deed, or contract. These documents explicitly outline the stipulations and limitations surrounding the easement’s utilization.
However, easements can also arise through adverse possession – a legal process where an individual gains the privilege of using another’s land. This occurs after continuously occupying and utilizing the property for a mandated duration, satisfying prerequisites like open and evident usage.
An easement has specific boundaries determining what the easement holder can do and what limitations the property owner faces. These boundaries stem from the easement’s wording (express grant) or its historical usage (implied easement). This ensures the easement holder enjoys the intended benefits while minimizing disruption for the property owner carrying this burden.
Terminating an easement can be complex, but there are ways. Generally, it can happen through agreement, expiration, adverse possession, or even a tax sale. However, specific situations like a bona fide purchaser (someone who buys without knowing about the easement) can add complexity, so consulting a lawyer is recommended.
Easement disputes often arise from confusion about the easement’s scope, meaning disagreements on what the holder can do and the burden on the property owner. This can involve access rights, maintenance responsibilities, or even exceeding the easement’s purpose.
A right of way is a legal right granted to someone to pass through or use another person’s property for a specific purpose, such as accessing their own property or traveling to a particular destination.
No one necessarily “maintains” the right of way itself. However, the responsibility for maintaining the physical area granting the right of way (like a road) usually falls on the landowner or designated entity (like a government agency) depending on the specific situation.
Ownership of right-of-way property depends on the situation. It can be:
In general, a landowner cannot block a legal right of way. Easements (which often include rights of way) restrict what a landowner can do on their property to allow access. Blocking it would be a violation of the easement.
Easements are broader agreements allowing use of another’s property for a specific purpose, while rights-of-way are a specific type of easement focused solely on granting passage across the property. Think of a right-of-way as a specific type of easement, like a highway being a type of road.
A right of way easement provides explicit permission to traverse specific areas of another party’s land. Essentially, it grants a defined pathway for accessing and crossing portions of someone else’s property.
Here are a few ways to discover if a house has a right-of-way easement:
Easements and rights-of-way have the potential to affect property value positively or negatively. For instance, an easement allowing utility access may decrease value. Conversely, a right-of-way granting lake access could enhance value. The impact ultimately depends on the specific easement or right-of-way and how it impacts the property’s usability and enjoyment.
While both right-of-way and easements involve using another’s property, understanding the easement vs right of way difference can be crucial. Easements offer broader use rights, while rights-of-way are specific to granting passage. If you’re unsure about easements or rights-of-way impacting your property, consulting a legal professional is always recommended.
Related Article: Easement for Ingress and Egress
