A prescriptive easement is an easement that is created through adverse use for a five-year prescriptive period. Elementsto establish an adverse use The elements necessary to establish an adverse use are: (1) open and notorious use; (2) continuous and uninterrupted...
Key Takeaways Understanding Easements: Easements grant specific rights to individuals other than the property owner, determining how a piece of land can be used. Extinguishing Methods: There are several legal methods to extinguish an easement, including release,...
Purchasing real property is a big investment. One way to avoid getting in over your head is to get a land survey. A land survey is used to determine the exact boundaries, monuments, and dimensions for a parcel of land. It can also tell you whether features on the real...
Maintaining an Easement or Right‑of‑Way If you are looking for answers to questions such as “Who is responsible for right of way maintenance?”, “Can a landowner block a right of way?”, “What is a residential right of way?”,...
What is an Easement? There are many definitions out there regarding what an easement dispute is, or what the easement itself is. In simple terms, an easement is a right to use another person’s land for a specific purpose. It gives its owner limited right to use the...
Can the owner of an easement ask or demand that the easement users help pay for maintenance? Whether an owner of an easement area can ask or demand that the easement users help pay for maintenance depends on a variety of factors. In this post, we discuss: (1) the...
