Easements

An easement is a non-possessory interest in and right to use the land of another.  Generally, easements are granted for very specific and limited purposes.  Examples of easements include:

  • Utility Easements;
  • Drainage Easements;
  • Right-of-Way Easements;
  • Sidewalk Easements;
  • Beach Access Easements;
  • Solar Easements; and
  • Conservation Easements.

EASEMENTS IN NEVADA:


[ruralroad] Easements are either appurtenant or in gross.  An easement appurtenant benefits adjoining property and runs with the land.  This means that the easement continues to exist regardless of who owns the land which benefits from the easement.

An easement in gross typically benefits a specific person and terminates upon that person’s death.  Easements in gross cannot be sold, assigned or inherited unless specifically set forth in the easement agreement.

HOW EASEMENTS ARE ESTABLISHED IN NEVADA:


Easements are either express or implied.  An express easement is created by deed, contract, or other written instrument which specifies the location and dimensions of the easement as well as the permitted use or uses of the easement and who may use it.

Easements may also be implied from the actions of the parties and the circumstances surrounding the transaction.  There are several kinds of implied easements:

Easements By Implication – Under Nevada law, an implied easement, also known as an easement by implication, will be found if two elements are proven:

  1. Extreme necessity for the easement; and
  2. An intention on the part of the parties, based on the circumstances surrounding the transaction, to create an easement.

Easements By Necessity – An easement by necessity will be found to exist if there was common ownership between the dominant estate (the land that benefits from the easement) and the servient estate (the land that is burdened by the easement) and the necessity for the easement existed at the time of severance of the common ownership.

Easements By Prescription – An easement by prescription may be proven by showing five years of continuing, adverse, open, and peaceable use of the land over which the easement is claimed.

EASEMENT ISSUES AND DISPUTES:


Easement issues frequently arise because of poorly drafted easement agreements.  If an easement agreement is vague, ambiguous, or unclear, the parties often find themselves at odds over their rights and obligations.  Such disputes typically involve allegations of misuse or interference.

Other easement disputes may involve:

  • Abandonment;
  • Trespass;
  • Encroachments; and
  • Termination.

SOURCE:  http://www.realestatelawyers.com/resources/real-estate/land-use-zoning/nevada-easement-law.htm