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What are the different types of easements?

This blog recently discussed circumstances in which an easement may be terminated. For property owners, it can also be valuable to be familiar with how easement are created and the different types of easements.

Express easements

Express easements are a type of easement that are created by a deed or in a will. An easement can also be created when property is sold but the property owner selling the property retains an easement interest in the property being sold. Easements can also be affirmative or negative in nature. Affirmative easements usually create a right of access in another property owner’s property, while a negative easement is a promise to refrain from a certain action or actions.

Implied easements

Implied easements may be created in situations when they are reasonably implied by the circumstances. Three requirements must be met for an implied easement to be created including that the easement must be reasonably necessary for the enjoyment of the original property; the property must be divided so that the property owner is either selling part or retaining part or subdividing the property to sell to different owners; and the use for which the implied easement is needed must have existed prior to the property being severed or sold.

Implied easements may be created in circumstances when a portion of property is sold but the only way to access the piece of property the property owner is retaining is through a roadway that passes over the property being sold. Easements can be complicated and confusing to understand which is why trained guidance to help property owners understand their rights related to easements can be useful.