Easing Into it: The Basics of Easements

Easements, Real Property

What do you call it when you do not own a specific parcel of private property, and you don’t occupy it, nor do you have the right to possess it, but nevertheless you can use and enjoy it?

Give up?

It’s an easement.

What Is an Easement

Property ownership and the conflicting rights of others to use land often leads to disputes. One area that can be a cause of conflict in real estate law is easements.

There are many different types of easements, several ways to create them, and any number of ways to use them. But, as our little “brain teaser” above points out, in general, an easement is a non-possessory interest in another’s land.

Even though the holder of an easement does not own the land or have a right to possess it, an easement still conveys to the holder an interest in the land. It confers upon the easement holder some right, benefit, dominion, or lawful use of or over the land of another.

Easements are generally used for a stated purpose (for example, an easement over land for ingress and egress) and they are usually granted over a specific portion of the land burdened with the easement.

Familiar examples of easements include power company easements for ingress and egress or to install power lines or pipes for gas, water, or electricity, or ingress and egress to and from other land for pedestrians or vehicles.

How Are Easements Created?

In Georgia, there are 4 main ways to create an easement:

  • by agreement
  • by prescription (adverse possession)
  • by necessity, and by
  • compulsory purchase (eminent domain).

Of course, each one of these means of creating an easement has its own requirements and specific rules.

There are specific rules and laws that govern the creation, use, and termination of easements. Which is why it is important to always work with an experienced and knowledgeable real estate attorney if your real estate situation involves an easement.

The Real Estate Experience You Need, When You Need It

At the Law Offices of Mark Weinstein, we do real estate. And that’s all we do. With nearly 20 years’ real estate litigation experience in Georgia, if you have a real estate problem, we can help craft a solution. With offices in Cumming, we serve a number of the surrounding counties as well as Atlanta. To schedule your free phone consultation, call us at: 770-888-7707 or e-mail your inquiries to lawofficesofmarkweinstein@gmail.com.

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