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The differences between express and implied easements

| Aug 16, 2017 | Firm News

When purchasing, leasing or renting California property, it is essential to understand how any potential easement could impact your ability to use the property as you wish. Easements are a complex area of real estate law, and disputes can quickly end up in litigation when out-of-court settlements are not possible. Easements can affect both residential and commercial properties.

If you have an easement, it simply means that you have a legal interest in another party’s property without possessing the property. An easement grants only limited rights, such as the right to walk or drive through privately owned property to get to a public place. Whether you have easement rights or you wish to understand if an easement could affect a property you wish to buy, you would be wise to understand the two main types: express and implied.

The two main types of easements

When it comes to fully understanding your right to use a piece of property or determining if you can get rid of an easement, it must be clear if the easement in question is express or implied. The differences between the two are as follows:

  • Implied easement: An implied easement is one understood or implied by the specific circumstances of the situation. These types of easements must be reasonably necessary, and there must be a division of the original parcel of land. Additionally, the use of the easement must have existed prior to the division or selling of subdivided pieces of the original property.
  • Express easement: An express easement is one created by a will or a deed that passes ownership to another party. These are in writing, and the easement continues even after ownership changes hands.

An easement does not, however, give a person the right to use another person’s property in a disruptive or inappropriate way. Property owners with concerns about the well-being of their assets and the preservation of their land would be wise to address these concerns and any disputes as quickly as possible.

Navigating real estate disputes

Real estate disputes can be costly and difficult to navigate. If an easement is causing you concern, affecting your right to use property in a certain way or impacting the sale of a piece of property, you could benefit from experienced guidance and legal support.

These matters can impact both your personal rights and your financial well-being. You have the right to fully understand any implied or express easement that affects you, as well as how to effectively resolve any dispute impacting your property rights.