Real Estate Easement Agreements

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Commonly Asked Questions about Real Estate Easement Agreements

What are the four types of negative easements?

This lesson examines the four traditional negative easements of air, light, support, and access to water from an artificial stream, as well as three modern negative easements: easements of view, solar easements, and conservation easements.

How long does an easement last in Washington state?

(3) The term of the easement is thirty years or a period of less than thirty years if requested by the person or entity seeking the easement.

What are the rules for easement in Washington state?

Prescriptive easements To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of anothers land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.

What is the disadvantage of an easement?

Not everyone wants to buy property with an easement on it, so the property with the easement may take longer to sell. If you and your neighbor share a driveway due to an easement, and if youre the servient property, you cant stop your neighbor from using the driveway.

Which property benefits from an easement?

An easement appurtenant is when a property owner benefits from a neighboring parcel of land. The parcel that benefits is the dominant tenement or dominant estate. The parcel of land with the easement is called the servient tenement or servient estate.

Does an easement give the owner of one property the legal use of another property?

An easement is where a landowner gives another a limited right to use their land most often for reasonable access to things like roads, trails, parks or beaches. It is not an ownership right in the land, it is the mere right to use anothers land for limited purposes.

How does an easement affect a mortgage?

If an easement is recorded on a property that is subject to a previously existing mortgage, the rights of the holder of the mortgage come before the rights of the easement holder. That is, unless the mortgage holder agrees to change the first in time, first in right rule.

Can a property owner block an easement in Indiana?

An easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holders use and enjoyment.