This distinction is critical in any easement agreement and should be addressed squarely. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use. Meaning, someone other than the property’s original owner gains use or ownership rights to that property. An easement is the legal right of a non-owner to use a specific part of another person’s land for a specific purpose. We sold my sister an easement for $1. An easement cannot require the owner of the land providing the benefit, Dell, to pay money or do something positive to enforce the easement… This kind of easement may sometimes be referred to as a “right of way.” However, you do not have to be a neighboring land owner to get an easement. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it. The easement must be intended to run with the land. An "appurtenant" easement is an easement that essentially attaches to the relevant properties or "runs with the land." Do we have the right to charge the new owners monthly rent and how much. A common form of easement is the right to use a driveway which run across your neighbor's property. Easement by Prescription: This type of easement is also known as a prescriptive easement. Unfortunately, there is no simple answer. The contract is null & void when they loose interest in property. B. For example, if the easement is a driveway, you can use it, too. Indeed, the statutory definition might even have supported a prosecution against Newcomb based on his mother's ownership of the property underlying the driveway. What are the purposes and benefits of easements? Prescriptive Easements - A prescriptive easement is a right to use another's land which is not inconsistent with with the owner's use. It is an implied easement gained under adverse possession. Easements are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another’s land. Easements can be granted to another person, such as a neighbor, or to an entity, such as an electric and gas utility. In the event a property owner sells its property, the easement rights ‘survive’ that sale and will benefit the future owner. Easements generally survive conveyances and can only be terminated by completion, destruction, or expiration. The value is usually not simply based on a percentage of the value of the property – which makes sense, because your neighbor isn’t buying the property, just the use of it. I'm having trouble finding a lawyer, who can give me advice and draw me up a new contract with the new owners and also notify the realty office of this easement. An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. Under Colorado law, a prescriptive easement is acquired by open and notorious, continuous and adverse use of the land for 18 years. Although the easement provided that both property owners had the right to use the easement, the easement was silent as to who was responsible for maintaining the easement. ... you may wish to charge them only $100 for the year. In Freeman, two neighbors, the Freemans and the Sorchychs, shared an easement as the sole means of access to their respective homes. Both neighbors used the easement equally. The easement clearly falls into this category, and the statutory definition was likely all that the court of appeals would have needed to reverse the decision of the lower court. Easements are often recorded at the county clerk’s office and encumber your property’s title. While you certainly do not need a lawyer to create or grant an easement to your neighbor, it might be a good idea to retain one. 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