The owner of the property onto which a neighbors building, a fence, the eaves of a building, etc., encroaches may not wish to sell to his or her neighbor the portion of his or her property encroached upon, but may be willing to sell them an easement to allow them to use that portion of the property for the encroaching structure. The easement rights cannot be exercised over the entire servient estate just in the area described within the easement. Moreover, unless the easement states otherwise, the easement holder is responsible for paying the costs of all construction, maintenance, and repair of the easement areas improvements, even though the owner of the servient estate uses the driveway or connects into the utility lines (as long as the owner pays the utility company for the utility services used by the owner). I recently put a gate up across the access road to discourage trespassers from using it. Aneasementis a property right that gives its holder an interest in land that's owned by someone else. First and foremost, landowners need to ensure that all easements are in writing and recorded in the deed records. Green Acres' property surrounds the Wellses' property on several sides. Once recorded, the easement becomes a public notice of the continuing obligation of the servient property, which is binding on subsequent owners of the servient property. The better practice is to create an easement using an agreement or declaration, rather than a deed, because easements created in deeds typically do not adequately address all of the issues pertaining to easements. US: 20,000 Russians killed in Ukraine since December, They said it: Nowhere for the water to go, Total dominance: Steph Curry breaks NBA Game 7 record, leads Warriors over Kings. What does it mean to have an easement on your property? a Gate Allowed on a Driveway Easement in Florida H HomeGuru Senior Member Apr 23, 2006 #3 How can a buyer be assured of having such access? Areal estate attorneywith easement experience can help set you on the right path. If you have an interest in communicating with a classmate, I can always be the go-between. If you are determined to install a gate over an easement, it will need to fit in the parameters of the easement agreement. Prescriptive Easements. Easements in gross can be given to a particular individual whom a landowner likes or wishes to help (but the landowner does not want to benefit an unfamiliar heir of, or unknown buyer from, the particular individual). All rights reserved. Easement Though less common, an easement may also be created by other circumstances, such as by prescription, by implication, or by necessity.. If the owner sells the front parcel adjoining the road, the owner should reserve back, in the deed to the buyer, an ingress, egress, drainage, and utilities easement for the benefit of the owners remaining parcel that does not adjoin the public road. Gates can be placed on a right of way, but they should not interfere with the use of the right of way. North Carolina Court affirms gated easement rules These easements are known as common law ways of necessity, statutory ways of necessity, and prescriptive easements. Appurtenant easements, unless expressly stated otherwise, are automatically conveyed with the land they benefit when the land is sold or otherwise transferred.