|
When two individuals own pieces of property that are adjacent to each other, an easement occurs. Usually, it can be of various types. For example, an individual in order to have access to the road can have the right to use a part of his neighbor’s land, since he does not have an access to the road through his own property. There have been cases as well where a municipal corporation may have gained an access to an individual’s property for purposes like running a sewer pipe. Below are answers to few of the more common legal questions about easement laws: What is the meaning of prescriptive easement in Idaho?
According to the Idaho Supreme Court, the definition of prescriptive easement as stated during a case refers to the right that an individual enjoys where he or she is legally permitted to use another individual’s land for a particular reason. In this kind of a legal arrangement, the use of the property by the other person does not prohibit the owner to use his or her property in general. Now the term prescription signifies ‘the effect of lapse of time in creating or extinguishing property interests.’ Under law, if an easement is acquired by prescription, it is not considered to be a legal act as it is not a trivial thing to have the right of using another person’s land without compensation for that use. Thus, in simple English, this term refers to a right through which a person is able to use another person’s property over a prolonged time period, without even having the owner’s permission for that. Is it possible to acquire an easement with the help of a warranty deed? Can the owners of an undeveloped land that lies along and beyond a developed road, have an access to the land of the developed road? The undeveloped land under consideration is situated in the state of Oklahoma and there is a record of easement through it.
You can acquire an easement if you have a special warranty deed. According to the law, a person can use a land for the purpose of entry and exit to the land through which it passes, if the land has a recorded deed for easement. Sometimes, there are lands that are landlocked, where no entry or exit is possible. Thus, when an individual gifts or sells that kind of a land to another person in places like Oklahoma, an implied easement is issued. Moreover, in a case like this, a right of way automatically gets reserved or permitted for the land, where the ingress or egress is restricted. In this case, however, the land in Oklahoma, which is in question, would most likely have a legal access either by implied easement or through a recorded deed. If you want to terminate an easement in writing, how and when can it be done?
If there is something that is particularly specified in the easement, a grantor should be able to withdraw it in writing. Moreover, if the reason or necessity for which the easement has been specifically granted for does not exist anymore, then it is possible for the grantor to use this as a way to withdraw. Usually, the easements are created in a variety of ways and they are available in different types. If you want to gather information on all the easements that exist on a piece of property, you may get them through the title reports and abstracts. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
Related Articles -
easement, prescriptive easement, conservation easement, what is an easement, easement rights, what is easement, implied easement, easement laws,
|
