Every property has some kind of easement--utility, water and sewer or driveway easements which give access to landlocked parcels. As a property owner, you may be affected by easements at some point.

The easement in gross is the most common type of easement used by public utilities. These easements are often under or above the ground, so they do not consist of actual land. If a utility gains the right to an easement in gross over your land, it must pay you for the diminishment in value of your property.

Easements by prescription become easements simply through unchallenged use by the landowner for a specified number of years (usually 10-20). To avoid such an occurrence, the landowner must periodically make a formal objection to "start the clock over".

The most familiar type of easement is easement appurtment that allows access to public roads and is used to create driveways and walkways for subdivided parcels. This type of easement should be treated by both landowners (and beneficiaries) as actual land parcels to be described and recorded meticulously.

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John Foster
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