So, what are tender types of easements within the framework of real estate laws in the United States? Worry not; you have come to the right place. In simple terms, easement is an agreement that allows one party to use another party’s property in exchange for a fee. In this article, we will discuss the definition of easement and the various types of easements that are valid within the United States.

What Is an Easement?

An easement, also known as an easement agreement, is a concept within real estate law. This concept defines where one party uses another’s property. Also, when parties agree to an easement, the one who wants to use the property has to pay the owner some money to get the right to use it.

Companies that provide us with utilities like telephone and water often get easements. It means they get permission to use some space on our property, like installing poles or pipes, so they can do their job.

Moreover, while fees are usually paid to the owner of the property, easement tends to have a negative effect as it affects the value of the property. This is because the erection of electrical poles might lower the visual appeal of the said property.

Workings of an Easement

If you are wondering about the workings of an easement, stay still. An easement is considered an advanced agreement between the owner of the property and the other party. Similarly, this other party can include an individual or an organization.

Moreover, if you observe an easement agreement, you’ll see that it typically involves the outline of the form of payment by the petitioner toward the owner. This is for the proper utilization of the right of easement for a particular reason.

An easement agreement is unique in nature as it varies from party to party. This is because easements are structured for a particular use of a property, which is clearly outlined. Moreover, an easement agreement also includes the clause of termination of easement provided to the property owner.

When someone sells a property, they usually transfer the easements as well. That’s why it’s important for you, as a buyer, to know if there are any easements on the property you’re buying.

What Are the Different Types of Easements?

There are a variety of easements available within the real estate law sector in the United States. Let us explore the various types of easements that are available:

Easement Appurtenant   

The first type of easement available is the easement appurtenant. To achieve this right of easement, there must be a presence of dominant or servient estate. Suppose you own a parcel labeled A and have an easement from your neighbor. Moreover, parcel B allows you to have a connection to Parcel B’s sewage system. Thus, you have an easement appurtenant.

Moreover, you must have noticed that there is a dominant estate that allows parcel A to enjoy the right of easement. Similarly, a servant estate, which is parcel B, has the burden of the easement.

Moreover, the easement appurtenant is not a short-term agreement that can be dissolved when the property is sold to another owner. So, it is crucial that when you are purchasing a property with an easement appurtenant, the easement will still be intact.

Easement In-Gross   

Another kind of easement is an easement in-gross that provides the legal right to allow an individual or organization to use or give access to another for a particular usage of the property. Due to this, it is also known as “personal easement.”

Also, there’s this thing called easement in-gross that doesn’t depend on a specific property like other easements do. It’s like a personal interest someone has in another person’s property. Similarly, this interest is due to limited scope and time.

Similarly, easements in gross are created to terminate naturally within a specific date. Once the date is achieved, the easement naturally gets terminated.

Express Easements   

The third is an express easement. This is an easement property that has been described within a contract, like a deed or title. Moreover, it can be used by another individual or entity without having ownership of the property.

Express easements are typically created through a deed and must be in writing. Moreover, they are also made when the owner of the property bears land to someone else but includes an easement in it.

Prescriptive Easements  

Prescriptive easement is when someone uses someone else’s property for a long time, making it their own right to use it. Moreover, such a property is adverse to the owner’s rights. Similarly, prescriptive easements are also applicable for a continuous and uninterpreted period of years.

Hey, did you know that if someone uses your property continuously for a few years or more, they can claim something called ‘prescriptive easements’? It’s crazy, right? Basically, if you use someone’s land without their permission but they know about it, you could acquire the right to keep using it. It’s kind of like squatters’ rights but for specific uses of the land.

Implied Easements   

An implied easement is an easement which is not in a written format. This kind of easement happens when you set up your property in a certain way. Moreover, for an implied easement to exist, there must be the presence of a need for it. Similarly, if there is no need to use the property. There is no requirement for the property owner to provide access to their property.

Final Thoughts   

Now, you have a better understanding of the various types of easements. That is available for residents residing within the United States. It’s a good idea to chat with a civil attorney who knows their stuff when it comes to easements. They can help you figure out what type of easements will work best for your situation. Moreover, you can also choose express easements as your go-to type of easements. This is because it is the most commonly used type of easement in the United States. Best of luck and happy property hunting.