Questions about Easement Laws

There are many types of easements, and they often occur between individuals who own adjoining pieces of property. For instance, one kind of easement could be the right of a person to use a section of his neighbor’s land to gain access to the main road since he has no access of his own. There are also cases in which a municipal corporation may need to gain access to an individual’s property in order to do things like run a sewer line. Listed below are a few top easement-related questions that have been answered by Experts.

in the state of Idaho, what does prescriptive easement mean?

In simple terms, prescriptive easement is an easement that a person gets by using someone else’s property, without permission, over a long period of time. The definition as stated in an Idaho Supreme Court case is stated below: An easement is the right to use the land of another for a specific purpose that is not inconsistent with the general use of the property by the owner. The term prescription refers to ‘the effect of lapse of time in creating or extinguishing property interests.’ Because ’it is no trivial thing to take another's land without compensation,’ easements by prescription are not favored by the law.”

Does the term “easement by continuous use” mean the same as “easement by prescription” in Arkansas?

When you say easement by continuous use, it also means easement by prescription.

What does a blanket easement mean?

This is an easement that encumbers the whole property or, in other words, is meant for the use of the entire property. Courts usually disapprove of these kinds of easements as they place a huge burden on the property.

When and how can an easement in writing be terminated?

A grantor may be able to withdraw a written easement unless something is specifically noted in the easement. If the easement has been done for a particular reason or necessity and that reason or necessity no longer exists, then the grantor should be able to use that as a way out.

Is there such a thing as a warranty deed easement? If so, if there is a situation in which there is land that lies along and beyond a developed road, do the owners of the land have right of access to the land? The undeveloped land in question is located in Oklahoma and is shown on record with an easement through it.

To answer your first question, an easement can be granted with the help of a special warranty deed. If there is a recorded deeded easement through the land, legally it can be used for ingress and egress (entry and exit) to the land through which it passes.

In Oklahoma, when a person grants or sells land that would otherwise be totally landlocked, an implied easement would exist. If there is no exit or entry possible, then a right-of-way is automatically presumed to have either been reserved or granted.

Based on the facts of your case the land in Oklahoma would most likely be legally accessible either by easement deed or implied easement.

There are several kinds of easements and many ways in which they are created. Usually, title reports and abstracts will detail all the easements that are in existence on a piece of property.