In addition, the party who granted the easement cannot transfer this right to use your property to third parties, depending on the type of easement that governs that part of the property. Always ask for a recent survey of landlords that should reveal unregistered easements. If there isn`t, it`s worth ordering and paying for a new survey. Review all easements to determine what type of easement is granted and whether it is still in effect. The property rights that an easement allows depend on the rules of your specific easement. There are many types, but here are some of the characteristics that help define them: if the proposed easement is used by both owners (dominant assets and domestic property), the use can still be detrimental if it is made without the owner`s permission, and even if the landowner receives the same use as the proposed easement. For example, a road used by both owners may still be considered a prescribed easement, even if it benefits both the owner of the property and the owner claiming the easement. If you fall in love with a home that is perfect and in the right neighborhood, but has an extremely narrow driveway, you may be happy to discover that you have an easement that allows you to use a few feet of your neighbor`s property to get in and out of your car. Just make sure that the terms of the easement ensure that she stays with the property after purchase, and be open and friendly with your neighbor about the easement rules.

They need to allow you to use it, but if they prefer you to treat their property a certain way, respecting their wishes will help keep things in the neighborhood. If a landlord believes that the elements to establish an easement have been met, he may be entitled to a right of easement. The mere assertion of servitude by implication, necessity or prescription is not sufficient, no matter how strong the evidence that the right should be recognized. To formally establish the easement as a property right, the owner would either have to enter into an agreement with the owner of the land used for the easement or sue in court to prove that the right to easement has been established. The person using the easement (the « easement holder ») is required to maintain the easement. The holder of the easement may repair and improve the easement as long as this does not interfere with the use and enjoyment of the easement by the holder of the easement. The easement is to be used for its original purpose, although the scope of use may change to allow for the reasonable layout of the dominant dwelling house. If land has reasonable access, a new easement would not be necessary, although the new easement would be more convenient for the owner of the parcel. M.N.V. Holdings v. 200 South, 2021 UT App 76 – Use of multiple lanes in the prescriptive easement claim. If the dominant and servile goods belong to the same person, there is no need for servitude, and so it would end.

If the owner sells one of the two parcels, the easement could be recreated. In some cases, if a land purchaser is not aware of an easement, the easement may end, even if the easement is required by the controlling property. An easement gives a person or organization the legal right to use another person`s land, but only for necessary purposes. A utility company may have an easement on your property to access a utility pole. Or if your driveway straddles your property line, you can rely on an easement on your neighbor`s property to get to your garage. An easement is a limited right to use another person`s land for a specific purpose. Examples of easements include the use of private roads and roads, or the use of a landowner`s land to lay railway tracks or power lines. (1) The unit of ownership, which means that the service domain (the property subject to the easement) and the dominant domain (the property served by the easement) were formerly owned by one person, but the parcels were divided. (2) Before the division of the parcels, the use of the easement was obvious, obvious and visible. (3) The easement is reasonably necessary for the use of the dominant property. (4) The easement has not been used sporadically but continuously. In other words, easements for rights of way, unless the act creating them explicitly states that the easement is gross, are designated as easements.