An easement is an established right over another piece of land owned by a different person.

An easement is the right for someone to go on to another’s property or use it in a specific way without having ownership of it. Easements can take many forms and some of the most common examples include: a right of way (whether on foot, by vehicle or both); a right to park; a right to light; and a right to support.

Easements can be created in several ways including by the following methods:

  • A deed where one party grants a right of way to another.
  • Implied grant such as by necessity where the land can only be accessed via another party’s land.
  • Prescription where a right of way has been used without permission for at least 20 years.

As easements and rights of way can be acquired over decades simply if the owner of the land or property does not dispute the right of way. In some cases, a right of way might have developed over many years and it is only when a new owner buys a property or piece of land that a search reveals the history of the right of way.

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