Category: Easement Deed
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The Easement on the Title: Can We Be 100% Sure It Still Exists?
An easement grants the right to use someone else’s property for a specified reason. You probably know this. But do you know the difference between a recorded easement deed, and the actual way an easement is used? Just because an easement deed is recorded, you might assume it still legally exists. And you’d likely be…
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The Dinwiddie Case: Virginia Court Hands Down an Easement-Law Game Changer
Recently the Virginia Supreme Court issued a decision on easement rights that will have an impact throughout the Commonwealth of Virginia. Justice Stephen McCullough penned the decision, and it came out on April 9, 2026. After this case, a Virginia land owner can feel free to leave belongings on an easement—as long as reasonable passage…
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Easement Talk: Frequently Asked Questions About Driveways and Deeds
An easement is physical access to property, in legally recognizable form. Most everyone has seen a shared driveway. This typically involves an easement. With an easement of this kind, each owner needs to use the same part of the property, and the parties have a legal, mutual agreement that allows them to share driveway access.
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Hey, Back Off! When an Encroaching Neighbor Wants a Piece of Your Property
So, the folks next door did some landscaping. And you’re pretty sure it crossed your property line. Maybe they built a shed over the boundary. Maybe they’re using a part of your land to park equipment, or to drive over. In some cases, the encroachment isn’t obvious. Then the deed holder wants to build a…
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Will an Easement Need a Separate Recording When Someone Wants to Sell or Buy?
An easement gives someone the right to enter, use, or travel through a deed holder’s land for a specified reason — without impacting the deed holder’s ownership of that same land. In this Q&A column, we take a look at easements that come up when a deed changes hands.
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What Is an Implied Easement, and Could Your Property Have One?
An easement gives someone the right to use or control part of somebody else’s land. An easement can be deliberately created through the land owner’s permission. The parties can formalize this by writing up a grant deed, a quitclaim, or an easement deed. Permanent easements can also be created by a court order, or through…
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Access Matters: Getting an Easement for Landlocked Property
Real estate without legal access to a public road is called landlocked property. Title insurance policies exist to protect mortgage lenders and homeowners from the costs of dealing with burdens on a property’s title. Standard title insurance usually covers lack of access. This means it can help pay for the costs associated with obtaining an…
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The Real Estate Easement: A Guide and Glossary
An easement is a right to use another’s land for a specific purpose not inconsistent with the landowner’s simultaneous right to hold the same property. The word is derived from the Old French term aisier: to assist. This legal right to use land that is not one’s own can be acquired in several ways: By grant (owner permission). By…
