easement

Revision [264]

This is an old revision of easement made by MicroZeta on 2006-07-18 10:22:57.

 

Easements are rights a person has to use the property of another, but only for an explicitly stated, specific purpose. Easements venture into the topic of Property Law, and therefore will vary greatly between states, and may not apply outside the US at all. Although easements are commonly related to the actual construction of a site, for example, the permission to install a sewer line which runs through an adjacent property, it can also be applied to the usage of property, such as for transit.

In most states, if a person utilizes property for transit, ingress, or egress over a period of time, and without the consent of the property owner, that person may be able to acquire prescriptive easement, which would grant that person the right to continue to use the property for that same purpose indefinently. For example, if a person were to access a building on the other side of a street by going through the lobby of another building, for many years, that person may be able to acquire prescriptive easement, and that would prevent the property owner from barring the use of the property for that purpose.

To block access to someone who has an easement is to tresspass upon the right of easement, and may open the property owner to a civil lawsuit. In our previous example, the property owner CANNOT block the entrances or exits of that lobby if the person has prescriptive easement.

It should be noted however, prescriptive easement does not protect the right to a view, especially in relation to adjacent properties. It can, however, protect the right to sunlight, and thus may provide another route to prevent the errection of a building which would destroy any given view.
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