Easements

What are Easements?

An easement is a limited "right to use" another person's land for a stated purpose but does not constitute full ownership of the property. Key information about easements include:

• Easements can be express, implied, or prescriptive.
• Easements can be temporary or permanent.
• The person who uses the easement has a duty to maintain the easement.
• There are different types of easements including utility easements, drainage easements, Right-of-Way and other easements.

Examples of easements include the use of private roads and paths, pools, fishing ponds, wells, or the use of a landowner's property to lay railroad tracks or electrical wires.

Why are Easements Important?

Easements are helpful for providing pathways across two or more pieces of property. An easement is a certain right to use the real property of another without possessing it. An easement is considered as a property right in itself at common law and is still treated as a type of property in most jurisdictions. Easements may not be transferable or assigned unless the easement is in writing and specifically assignable.

How can TKM Land Surveyors Help?

TKM Land Surveyors consults with clients when they are searching for easements. When grating an easement, TKM Land Surveyors is there to help with easement descriptions. When clients want to formalize an easement, TKM Land Surveyors will create an Easement Plat which generally becomes part of a deed document.