Easements imply an appurtenances – the following outlines these terms and some common ways they are created.
Appurtenant means belonging to. Appurtenances are all those rights, privileges, and improvements that belong to and pass with the transfer of the property, but that are not necessarily a part of the actual property. Therefore, an appurtenance does not exist apart from the land to which it belongs. Appurtenances to real property pass with the real property to which they are appurtenant, unless a contrary intention is written. Typical appurtenances are air rights, water rights, support rights, subsurface rights, easements, rights-of-way, and any property improvements.
There are a number of ways in which easements can be created. These methods include express grant, implied, necessity, and prescription.
Usually, easements are expressly granted with the property owner’s permission. That permission is most commonly granted in writing and included in a document such as a property deed or other recorded agreement, or incorporated by reference to another document such as a subdivision plan. An implied easement is based on circumstances. It can arise where there is an implied intent by all parties for the creation of an easement. An easement by necessity is allowed by law for the full enjoyment of property. An easement to provide access over adjacent property if crossing that property is absolutely necessary to reach a landlocked parcel would be one granted by necessity. Easements by prescription, also called prescriptive easements, can be secured by continued use without the owner’s permission for a period of time required by law to establish the easement. An example would be where someone uses your private road for a number of years. You object, but never do anything that would physically stop the person from using your property in this manner, like putting up a locked gate. That person might be able to secure a prescriptive easement if the legal requirements are met.
