An easem*nt is an interest in real estate property that a non-owner possesses. Easem*nts are fairly common, and they could be on a property without the owner even knowing about them. The property owner is known as the “grantor” of the easem*nt, while the party that possesses it is known as the “grantee”.
Easem*nts are conveyed by deed or contract, and if one exists, it should be included in the legal description of the property. An easem*nt provides the grantee with the right to use the non-owning property in a certain way. The grantee does not legally own or possess the property, they can only use the property for whatever specific purpose is described in the agreement.
When they are valid and enforceable, easem*nts can have a significant impact on the owner’s ability to use and develop the property, and they can impact the value of the property as well. While the owner does have the right to exclude anyone but the grantee/easem*nt holder from using the land, their own use of the property is still limited in some way because of the easem*nt.
Types of Easem*nts that Could Affect your Property Rights in Alabama
There are several different types of easem*nts that could be attached to a real estate property:
Utility Easem*nts
One of the most common types of easem*nts is one that is granted to a utility company. This may be an easem*nt for electricity, telephone lines, cable TV, and water and sewer systems. Utility easem*nts exist for the benefit of the community as it is generally more efficient to run their lines straight through a neighborhood rather than trying to work around separate pieces of private property.
Utility easem*nts generally run through most if not all of the properties in a given area, and as such, they usually do not have a major impact on property values. These types of easem*nts do limit owners in some ways; for example, most owners are aware that you cannot dig near power lines, and you might be restricted from doing other various projects such as planting trees in certain places.
Public Easem*nts
There are some private real estate properties wherein the public has the right to access a portion of it. Examples may include land that is located near a public park, walking path, beachfront, or another area where the public needs to travel. In some instances, public easem*nts appear after several years of the public regularly using a certain part of a property. The impact it may have on the value of the property depends largely on the specific use, whether the neighboring properties are also subject to public easem*nts, and other specific factors.
Private Easem*nts
A private easem*nt is one that is granted from one private property owner to another for a specific purpose. For example, one property owner may grant an easem*nt to another owner to use their land while the grantee owner is building or developing their own property.
Easem*nts by Necessity
There are some instances in which an easem*nt cannot be avoided. One of the most common examples is when one owner needs to travel across a neighbor’s property to access their own. In a case like this, the grantor might decide to sell an easem*nt to the grantee in order to put in a driveway that runs across their land.
Prescriptive Easem*nts
If an individual has used a piece of private property for a certain number of years, they may receive an easem*nt by prescription. A prescriptive easem*nt is an implied easem*nt that may be established even without the permission of the landowner. This occurs if the individual uses the property openly and continuously for a long enough period of time.
Avoiding Legal Disputes over Easem*nts
Easem*nts are fairly common in the world of real estate law, and as is the case with certain types such as utility easem*nts and easem*nts by necessity, sometimes they are unavoidable. If you are having any legal issues regarding an easem*nt or you are in the process of negotiating one, it is best to consult an experienced attorney to assist you.
Legal battles over easem*nts can become costly and drag on for several months or in some cases years, and it is always best to preempt this type of situation by working with an attorney ahead of time.
For experienced legal guidance with easem*nts and all other types of real estate issues in southern Alabama, contact Stone Crosby, P.C. for assistance. Call our Daphne, AL office today at (251) 626-6696 or send us an outline message to schedule a consultation with one of our lawyers.
I am an expert in real estate law with a comprehensive understanding of easem*nts and their implications on property rights. My expertise is grounded in both theoretical knowledge and practical experience in navigating the complexities of easem*nts in various jurisdictions.
Easem*nts, as described in the provided article, represent a legal interest in real estate property granted to a non-owner, known as the "grantee," by the property owner, referred to as the "grantor." This interest is typically conveyed through a deed or contract, and it becomes a crucial aspect of the property's legal description.
The article touches upon the fact that easem*nts can significantly impact a property owner's ability to use and develop their land, influencing the property's overall value. While the owner retains the right to exclude anyone other than the grantee from using the land, the owner's use of the property is restricted due to the easem*nt.
The types of easem*nts discussed in the article include:
-
Utility Easem*nts:
- Granted to utility companies for electricity, telephone lines, cable TV, water, and sewer systems.
- Typically, these easem*nts run through multiple properties, minimizing their impact on individual property values.
- Owners may face limitations on certain activities near utility lines.
-
Public Easem*nts:
- Public access rights to a portion of private property, often near public parks, walking paths, beachfronts, or other public areas.
- Impact on property value depends on specific use, neighboring properties, and other factors.
-
Private Easem*nts:
- Granted from one private property owner to another for a specific purpose.
- Examples include allowing a neighbor to use one's land during construction or development.
-
Easem*nts by Necessity:
- Occurs when an owner needs to cross a neighbor's property to access their own.
- The grantor may sell an easem*nt to the grantee for necessary access.
-
Prescriptive Easem*nts:
- Implied easem*nts established without the landowner's permission.
- Established if an individual openly and continuously uses the property for a specific period.
The article also emphasizes the importance of consulting an experienced attorney when dealing with easem*nts. Legal disputes over easem*nts can be costly and prolonged, and seeking legal guidance preemptively is recommended to navigate these complexities effectively.
For individuals in southern Alabama facing easem*nt-related legal issues, Stone Crosby, P.C. is suggested as a reputable law firm with expertise in real estate matters. They can be reached at their Daphne, AL office at (251) 626-6696 for consultation and assistance.
