Easements are a necessity for a number of reasons. An easement allows one party to have limited use of another’s property. There are several types of easements that may be acquired depending on the situation. Regardless of which easement is necessary, it is important to have the legal representation of an experienced attorney who can protect your rights. The attorneys at Friedman Schuman have decades of experience representing clients in matters related to real estate. If you are facing a legal matter, contact Friedman Schuman today.
Types of easements
When a party requires an easement, it is important that they know which options are available to them. The different types of easements include:
- Easement by implication: This type is often used when a single parcel is divided. There are three factors that make an easement by implication true. These include a separation of title, proof that the easement was meant to be permanent, and that the easement was required so both parties can benefit from the use of the land.
- Easement by necessity: When one property owner is landlocked, they may request an easement by necessity. The owner must prove that the property titles were once held by only one property owner, the piece of land was severed and created into two properties, and that the easement is necessary for the landlocked owner to use the land.
- Easement by prescription: If a party seeks to establish an easement by prescription, a claimant may be required to show that the use of the land was open and continuous for a period of twenty-one years.
Another factor to keep in mind is that if the court does not grant an easement, they may grant the individual a private road. However, the Private Road Act was limited in 2010 by the Pennsylvania Supreme Court after parts of it were deemed unconstitutional. Now, the court can only constitutionally grant a private road under the PRA if the public is the primary beneficent.
Common reasons for an easement
There are some underlying reasons for a party to need an easement. These include, but are not limited to:
- Landlocked parties: As stated earlier, a landlocked party may have no other choice but to request an easement to gain access to their property through the limited use of another’s.
- Natural gas: For many, gas lines are a necessity. Without easements, it would be almost impossible for gas companies to provide for their customers. Often, natural gas pipelines must pass through multiple private properties to access customer land. With these easements often comes compensation for the land use.
- Sewer lines: Many municipalities provide sewer access that greatly benefit landowners. Through easements, these lines connect neighborhoods to the main sewer system of the town.
- Conservation: Conservation easements are utilized by municipalities or land trust organizations that restrict land use to preserve the natural resources of the property. While still owning said property and pay taxes, they are giving up certain, agreed-upon rights.
Contact an experienced Montgomery County easement attorney
Requesting an easement is a complicated legal matter. Discussing the need for an easement with an attorney can be a great resource. The skilled attorneys at Friedman Schuman have over 30 years of experience helping clients in all real estate matters. Contact Friedman Schuman for a consultation to discuss your legal matter with an effective real estate attorney.