Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
Are you thinking about buying a house or a piece of land in the near future? In that case, make sure you don't overlook a crucial consideration, like an easement, before closing any deal. Easements are a complex area of real estate law that not everyone understands in depth. Here is a closer look at this important legal topic.
Definition
An easement is a legal provision that allows a person or entity who is not the owner of a particular property the right to use that property in some fashion. Real estate law recognizes several types of easements, which are examined below.
Utility
Utility easements are one of the most common types. They give utility companies the right to use your property in certain ways. For instance, an electrical utility often has the right to trim trees on a property if the tree limbs are interfering with power lines. Another example is when a utility has the right to come onto your property to install new equipment without your permission.
In some cases, a utility that does not have an easement for a specific piece of property may seek to obtain one from the property owner. If you are ever faced with this situation, always seek guidance from a real estate lawyer.
Express
An express easement is defined as one where a property owner gives full permission to the person who wants to use the property. If you want to build a fence that extends a few feet onto a neighbor's land, you will need an express easement to legally proceed. Generally, express easements are negotiated between the two parties for financial compensation.
Prescription
In contrast to express easements, prescription easements are based on someone using a property without permission. When the person using the property has done this for a certain length of time, they can often claim a prescriptive easement under the concept of adverse possession. The amount of time needed to assert adverse possession varies from state to state.
Negative
A negative easement, as the name implies, refers to things that may not be done by the owner of a property. Let's assume that you have the right, under a negative easement attached to an adjacent property, to sunshine coming into your windows. The easement will prevent the neighboring property owner from building any tall structure that blocks sunlight from coming into your house.
For more information about easements and the law, contact an experienced real estate attorney.
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