A Deed of Easement is a legal document that grants a right to use another person's land for a specific purpose. It is commonly used to grant access to a road, passage, waterway, or utility line. The most common types of Deed of Easement are: Easement Appurtenant, Easement in Gross, and Prescriptive Easements. An Easement Appurtenant is a right of use attached to a piece of land and passes with the land when it is sold. This type of easement benefits both the holder of the easement and the owner of the serving land. An Easement in Gross is a non-transferable right to use the serving estate for a specific purpose. This type of easement does not pass with the land and is often used for utilities, such as water and electricity. A Prescriptive Easement is a right to use someone else's land that is acquired through continuous use over a period of time. This type of easement is also known as an easement by prescription. In general, a Deed of Easement is a legal agreement between two parties that grants one party the right to use another party's land for a specific purpose. The document must be in writing, signed, and registered with the local land registry. It is important to note that a Deed of Easement does not grant ownership of the land, but simply a right of use.
Deed of Easement
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FAQ
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Access to Landlocked Property For a property owner whose property does not adjoin a public road and does not have access either through an express access easement or by legal implication, Pennsylvania's Private Road Act (the ?Act?) offered the landlocked property owner a remedy.
A ?prescriptive' easement arises when, for 21 consecutive years, one landowner uses the land of another in an ?open, notorious and uninterrupted' manner. If your neighbors run their cable line across your property, then after 21 uninterrupted years they have established the right to do so.
Access to Landlocked Property For a property owner whose property does not adjoin a public road and does not have access either through an express access easement or by legal implication, Pennsylvania's Private Road Act (the ?Act?) offered the landlocked property owner a remedy.
An easement may also be acquired by ?prescription.? An easement by prescription (also known as a ?prescriptive easement?) arises from the continuous, notorious, adverse use of a driveway or similar path across another's land for a period of twenty-one years.
In fact, the owner of an easement has the right and obligation to maintain the easement.
Litigating an Adverse Possession Claim To initiate a case, an adverse possessor must commence an action to quiet title and provide notice of the action to the record owner. The action to quiet title must be filed in the county in which the disputed property is locatedliii in the Court of Common Pleas.