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Posted by: Maricopa Lawyers on Nov 21, 2016

Real estate law can be tricky. There are so many laws regulating property, it can be hard to keep up on all of it. You may have heard of easements, but never knew exactly what they were. We can refer attorneys that specialize in easements. Keep reading to find more about easements.

Easement Details

An easement, put simply, is an instance where someone has an interested in a land they don’t own. They have the ability to use land they don’t actually own themselves. However, they don’t have the ability to grant other people use of the property or deter someone from using the property. For example, if you were to grant your neighbor daily use of your driveway, your neighbor would then have an easement. This type (and all types) of easement can be formal, such as a signed piece of paper, or it can be verbally agreed upon.

easement on a house

Positive Easements Versus Negative Easements

There are two types of easements: positive and negative. Positive easements are much more common, those that allow someone to use property without owning the property. Negative easements exist also. Negative easements are restricting easements where someone has the ability to prevent something happening to someone else’s property. For example, someone can have a negative easement on the lot behind their house that prevents anything from being built, which would result in the blocking of their scenic view.