Real estate without legal access to a public road is called landlocked
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 easement if a house isn’t on a public roadway.
But title policies, individual situations, and state laws
vary. Let’s take a look.
Continue reading “Access Matters: Getting an Easement for Landlocked Property”
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 prescription (longtime use).
- By necessity. The law protects access; a property without street access would be practically useless. Thus, the landowner must allow necessary access.
Statute of Frauds typically requires that transferring any interest in
real estate, even a grant of an easement, is only made binding through a
signed, written agreement. Yet in some cases an easement is implied. Because
the law protects access, a court may find access granted by implication,
depending on the facts of a given situation.
Continue reading “The Real Estate Easement: A Guide and Glossary”
An easement is the certain right to use another person’s real property for a stated purpose without possessing it. An agreement of this type requires at least two parties. The creation of an easement is handled the same way as other documents of conveyance. Easements can also be written into a deed of conveyance, or may also be transferred with the deed. The three major types of easements are appurtenant easements, easements in gross, and prescriptive easements.
Continue reading “The Different Types of Easement Deeds for Real Estate”
When an easement is terminated, the burdened property is no longer affected. When the party benefiting from the easement and the party subject to it agree to a release, the next step is to record a deed making the change official.
Continue reading “Methods of Terminating an Easement (Real Estate)”