Key Terms
- Dominant Estate. When an easement is made between two neighboring properties, the dominant estate is the property that has permission to use the easement area located on the other property.
- Servient Estate. When an easement is made between two neighboring properties, the servient estate is the property where the easement area is located.
- Grantor / Grantee. The grantor is giving permission to use their land. The grantee is getting permission to use someone’s land.
- Nonpossessory Interest. This means that the grantee may enter and use the easement area but does not own it.
Types Of Easements
Most easements fall into one of two categories:
- Easement Appurtenant — With this type of easement, the agreement is effectively made between one piece of real estate and another; not a specific individual. If either property is sold, the easement will transfer with the land regardless of its ownership.
- Easement in Gross — This type of easement benefits individuals or entities directly. A common example is a utility easement, where the utility company benefits from a right to run lines across a property.
Prescriptive Easements & Adverse Possession
In the US, someone can obtain an easement without the owner’s permission simply by using part of their property consistently over time. This is called a prescriptive easement.[1]
Adverse possession is when a person obtains legal ownership of someone’s land, without permission, by using it consistently over time.[2]
Timing Requirements
The time required for prescriptive easements and adverse possession differs by state and ranges from 5 to 20 years of consistent use.
With an easement agreement in place, the grantee cannot later obtain a prescriptive easement or take adverse possession of the area covered by the agreement.
Land Surveys
Title insurance companies and county recorders may reject an easement agreement if the description of the easement area is not properly detailed. Depending on the complexity of the easement, a land survey may be necessary.
However, a basic description may be sufficient if the easement area mirrors part of the existing legal description. For example: “A four foot strip running along the east boundary of the property.”
Cost of a Survey
$450 – $1800 is the typical range, with the average being about $884.[3]