Easements

The attorneys of Quarterman Hodson & Morang, P.C. can help you identify your easements or create an easement by agreement with an adjacent landowner.

An easement is the right to use the real property of another for a specific purpose. The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. Typical easements are for access to another property (“ingress egress easements”), for utility or sewer lines both under and above ground, use of water (i.e. irrigation or lake access), entry to make repairs on a fence or other area, for mining, timber or agricultural purposes, and other uses. Easements can be created by a deed to be recorded just like any real property interest. A “prescriptive easement” can be claimed after continuous and open use by the non-owner against the rights of the property owner for a statutory number of years. Courts will find an easement in equity (fairness), including giving access to a “land-locked” piece of property (sometimes called an “easement of necessity”). Title reports we prepare will identify and describe all known existing easements upon a parcel of real property. Our firm often assists clients with easement related issues including, but not limited to, issues of maintenance, joint use, locking gates, cemetery access, or damage to property, among many others.