Easements In Real Estate
In a situation such as this, where a larger piece of property will be broken
into smaller lots, certain things have to be considered. One primary issue
question would be: if all the properties are landlocked, how will each
landowner access their property A possible solution to this problem would be
an easement. An easement is a liberty, privilege, or advantage in anothers
property. There are many different types of easements and methods for their
creation. These include an easement appurtenant, in gross, affirmative
easement, negative easement, conservation easement, by express grant, by
express reservation, by implication, quasi easement, by necessity and by
prescription.
An easement appurtenant is one attaching to or benefiting a particular tract
of land. The purpose of an easement appurtenant is to benefit a landowner in
the use and possession of their land. In contrast, an easement in gross is
not created to benefit any landowner with respect to a particular tract of
land; rather, it belongs to the holders regardless of whether any adjacent
property is owned.
Affirmative easement means that the owner of the easement right can use
anothers land (the land subject to the easement). A negative easement is one
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