As a property owner, you’ll be expected to learn a great deal of legal jargon. This isn’t merely to expand your vocabulary. You’ll need to know about a host of arrangements, such as express and implied easements, in order to fully protect and assert your rights as a land owner. It can be tedious to wade through documents filled with such jargon. However, you’ll find yourself in a much better position after you have managed to digest a few of the basics. Knowing the difference between the different types of easements is something that will benefit you directly should you find yourself in a property rights dispute.
What Are the Differences Between Express and Implied Easements?
As a landowner, you should be aware of certain essential differences between express and implied easements. The ultimate divide between the two types of easements comes down to whether or not there is a binding legal document to back them up. If such is the case, then the document is an express easement. If there is some sort of oral agreement but no legal document involved, then the resulting deal is known as an implied easement.
How Express Easements Created Differently From Implied Easements?
You should know that the differences between the two types of easements extend into the very manner in which they are created. This will give you a better idea of just how the two types will hold up if challenged in a court. Some of these essential differences will typically include, but will not be limited to, the following:
- An express easement is usually created by a will or by deed.
- An express easement may be created through several other means, but the common denominator is that it must always be a legal document of some kind.
- An implied easement may be created if such an easement is necessary to the livelihood of the receiver.
- The land covered by an implied easement must be subdivided so that the owner of is selling part of it while retaining the rest.
- The land covered by an implied easement can also be divided when the owner decides to sell pieces of it to several new owners.
- The person who desires to receive an implied easement needs to prove that the use for which they claim this privilege was in existence before the land was divided or sold
What Sort of Situations Do Implied Easements Occur In?
Implied easements can occur in a great variety of situations. For example, if you have a road that runs through your property and your neighbor can prove that they need to use it, this sets the stage for an implied easement. Although the agreement has not been put in writing, there does exist a clear and present need for this neighbor to access part of your property – the road that runs through it. However, this agreement does not give them any other sort of rights, such as the right to stop on your property and pick apples from your trees.
What Sort of Situations Do Express Easements Occur In?
An express easement can likewise occur in a variety of different scenarios. If a neighbor has a need to access your property in order to go to work, or a utilities company needs to install lines on it, you can give them an express easement to permit it. This is a precisely written legal document that lays out the rights that this person or company has when accessing your land. It spells out exactly what they legally can and cannot do while accessing it or performing some sort of activity on it.
Easements can be extraordinarily complex to figure out. Knowing the basics will give you a clearer idea of the extent of your rights as a property holder. This will aid you if you are ever called upon to act as a plaintiff or defendant in a land rights or property boundary dispute.