An Access Easement is a legal right that grants a person or entity the right to access another person's property for a specific purpose. This type of easement is commonly used for access to public utilities, such as gas, electric, and water lines, but can also be used for access to a driveway, for example. Access Easements are typically created by deed from the owner of the serving estate, or the property that is being accessed, to the dominant estate, or the property that is being granted the access. There are three main types of Access Easement: permanent, temporary, and revocable. Permanent Access Easements are irrevocable, meaning they cannot be taken away, and are typically used for public utilities. Temporary Access Easements are usually granted for a set period of time, and can be renewed when that time has expired. Revocable Access Easements are the most common type, and can be revoked or modified by the owner of the serving estate if needed.
Access Easement
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FAQ
Easements are divided into two classifications: 1) affirmative easements and 2) negative easements. An affirmative easement gives a grantee the right to use the grantor's property for a specific purpose. It gives the easement holder a non-possessory interest in the grantor's land.
The most common types of easements are utility easements, which benefit utility companies, enabling them to maintain and access their lines or pipes over or under your property. Almost all properties are burdened by utility easements.
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements.
Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.
In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.
These types of easements include utility, aerial utility, drainage, and slope easements. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.
The short answer is ? the owner of the easement is responsible for maintaining the easement.