An easement is an individual’s right to use or cross land belonging to another person. Typically, easements are given for specific purposes, and they come in multiple options. The most common easements are:
* Negative and affirmative
* Public and private
Readers can click here to learn more about easements by necessity, and they can also learn how they are created and terminated with the help of a real estate attorney in Vail.
Easement by Necessity
Easements by necessity allow the owners of landlocked parcels to cross another entity’s land to get to a public road. Also referred to as appurtenant, these easements benefit particular pieces of land rather than individuals. Because appurtenant benefits the land, it passes along as the land title is transferred.
How Appurtenant Is Created
Easements by necessity are only created when an individual’s land is split into multiple pieces. If any of these parcels are unable to provide public road access, appurtenant may be created. These easements are granted to landlocked parcel buyers or sellers who retain the parcel after sale and severance reserve them.
The Necessity of the Easement
In all jurisdictions, appurtenant is not granted for the sake of convenience; a legitimate need must exist. In most areas, the rule of strict necessity is followed. Here, a piece of land that borders a public road cannot be given an easement, even if the border runs along a river or cliff. In some areas, however, reasonable necessity is all that’s required.
Terminating an Easement
Easements by necessity end when the necessity ceases to exist, or when other modes of access become available. For instance, the easement may be terminated when a road is built into the landlocked parcel. Consult a real estate attorney in Vail for help in terminating an easement.
Should a Person Hire an Attorney for an Easement Issue?
In most cases, a person needs an attorney’s help. Appurtenant is complex, and it can be difficult for landowners to understand. A real estate attorney can help a person determine if such an easement affects their land. Additionally, an attorney can help a landowner create and enforce a necessary easement.