easement Archives The Quitmeier Law Firm of Kansas City

If you own or plan to own real estate, you may be wondering how easements may affect your property in the future. An easement, otherwise known as a right of way, is a right granted to an individual (the holder) to use property not owned by the holder. However, the holder of an easement does not have the right to possess or exclude others from the land.

You may be familiar with utility easements that allow cable, telephone or electric companies to place equipment or wires on private property for the purpose of providing services. An easement that allows an individual to drive across neighboring property to reach a road is called an affirmative easement. An easement that prevents a neighbor from building a fence that would obstruct his or her neighbor’s view is called a negative easement. The land that benefits from an easement is the dominant estate, while the land burdened by the easement is the servient estate. Easements run with the land, meaning easements pass to subsequent property owners.

While easements can be created by prescription or necessity, easements are typically created by deed or through another written document or will. Such easements are called easements by agreement. Under an easement by agreement, the owner of the servient estate voluntarily enters into an agreement to grant an easement to the dominant estate.

When drafting an easement agreement, it is important to cover all details to protect the rights of all parties. Establishing a clear agreement will help prevent litigation and liability problems in the future. The easement agreement should include a legal description of the land involved and an assignment of maintenance obligations. Additionally, the agreement may include provisions addressing potential liability issues. Parties may also wish to include a covenant guaranteeing the benefitted party undisturbed use of the easement.

Careful language and thorough drafting are important when creating an easement agreement.

Contact an experienced Missouri real estate attorney at the Quitmeier Law Firm can provide the guidance you need to draft an easement agreement.

Easements affect the property rights of many real property owners.

An easement grants to the holder a right to use land owned by another.

Easements that grant usage rights are affirmative easements, while easements that restrict the use of one’s own property are negative easements. Easements also differ in the way they are created and in how they are passed.

While most easements are created by formal agreement, an easement may also be created by prescription. If an individual can prove continuous, uninterrupted, visible, and adverse use of land for a period of at least 10 years, an easement by prescription will be created.

Additionally, an easement can be created by necessity. This situation often arises when a landowner sells a portion of his or her property to another and that piece of property is landlocked without access to a road. A court will typically grant an easement by necessity to the new landowner to cross the original landowner’s property for the purpose of reaching a road.

Another type of easement is an easement appurtenant. An easement appurtenant is an easement that is intended to benefit a specific piece of land and not a specific individual. The easement runs with the land and can be utilized by subsequent property owners. An easement from a property owner to a neighbor allowing the neighbor to drive across the property owner’s land to reach a road is an example of an easement appurtenant.

In contrast, an easement in gross is intended to benefit a specific individual. In this situation, the easement stays with the individual holder, regardless of whether or not the holder owns property. An easement granted from a property owner to a neighbor allowing the neighbor to enter the property owner’s land to pick apples is an easement in gross. If the neighbor moves away, the neighbor still retains the right to enter the property and pick apples. The subsequent owner of the neighbor’s property does not take over the easement.

A knowledgeable Missouri real estate attorney at Quitmeier Law Firm can help you understand how easements may affect your property rights.

Drafting an Effective Easement Agreement

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