FAQs About Property Easement 

FAQs About Property Easement 

An easement refers to when someone other than the owner has the right to use a specific piece of land or property for a reason. Since there are various reasons for property easement, there are various types of easements. A real estate attorney usually deals with the easement process as it comes under real property law. 

Some common property easements include granting a utility company, an abutter, or other third-party rights to run drainage lines or sewage through their property. However, certain easements can affect the value of a property and are often hard to acquire. If you are facing issues with property easement, consult with a property law attorney in Olympia today. 

FAQs about property easement 

  • What are the different types of easements?

The following are the different types of easements available: 

  • Affirmative Easements
  • Public Easements
  • Easements by Estoppel
  • Easements by Necessity
  • Express Grants
  • Negative Easements
  • Prescriptive Easements
  • Utility Easements
  • Reservation Easements

  • What uses does the easement allow?

The easement uses allowed may vary significantly. Some common uses of property easements include installation and maintenance of utilities, access to light, construction staging, draining, and ingress/egress. 

  • What rights does the owner have if they have an easement on their property?

The land or property owner is still the rightful owner because they possess the deeds to it and can continue its use as long as their mode of usage does not interfere with the easement. However, if the easement is causing your trouble and burden, you may ask the court to remove it. 

  • Who gets the right to use the easement?

Information regarding who gets the right to use the easement is important. For example, an easement granting the owner of another building the right to use a piece of property to access it is far different from an easement granting citizens to use the property for public purposes. 

  • Can an attorney remove or create an easement?

Yes, an attorney can help you remove or create an easement. For removing or terminating an easement, your attorney will help you prove one or more of the following points: 

  • Interference regarding the owner’s use of land
  • The necessity for the easement has ceased
  • Parties mutually agreed to a termination
  • Usage terms have expired

Creating an easement is rather complex and requires the expertise of an attorney in Olympia. They will first draft a written version including as much information as possible. It is crucial that you draft one carefully to avoid it being contested in the future.