The Concept and Basics of Easement
Formerly, the concept of easement originally connoted simple “right-of-way" to traverse through a vast realm of an estate in order to reach other properties. Since the passing of time brought changes, which altered the facets of land ownership, the property easement rights of an owner were likewise modified.
Nonetheless, let us first understand the concept and basics of easement in today’s context.
What is Easement?
Easement refers to the right to use, in a specific and limited capacity, a portion of a property that is technically conveyed by the owner of the titled land, to benefit other landowners, or a specific entity, or the public as a whole.
Some commercial edifices are required to keep the front portion of the property vacant and unoccupied, usually to serve as a parking lot. This is also termed as an easement, as it limits the property owner’s right to maximize the full area of his land holdings.
In cases of utility companies, they negotiate easement rights to use a specific portion of the land in which cables, pipes, or lines are allowed to run under a titled property, in order to provide services to the customers situated within the vicinity.
In its entirety, the concept of easement exists in all real estate holdings either as user or provider. Thus, determining the property easement rights of an owner will depend on the title-holder’s role. Easement may refer to the landowner’s right to limit, or to transfer, or to sell the easement benefits for the use of others
On the other hand, this may also be a matter of determining the existing rights of owners' of adjacent landlocked lots from accessing the main road. Rights of easement may also be exercised by the municipality in which they are located.
In line with this, the parties to an easement are described by their respective properties in the succeeding sections: