Easements By Adverse Possession Can Be Two Ways For Landowners

Easements By Adverse Possession Can Be Two Ways For Landowners

Because you have the title for it, is your property guaranteed safe? Think again, especially if you don't frequently go to see the land you own. If you're not paying attention or simply aren't attentive to some things, there is a possibility your title is probably not as claim-proof as you believe. On the other hand, occasionally it's in a property owner's best interest to utilize adverse possession as a means to extinguish a present easement on their property. What follows is an explanation about how you can establish or destroy an easement by adverse possession.

The legal concept of adverse possession begins in individual states' laws about land. As a result of particular conditions, it is a process where real property can change ownership. At its most basic form, title can switch hands automatically, and with no payment, when the person who has no current legal title to the property holds the land in conflict with the real title holder's rights for a certain period of time.

Although adverse title involves real property, it doesn't have to explicitly refer to the parcel of land as a whole. Occasionally the claimant can simply be trying to take a specific right tied to the land. These rights consist of mineral rights to land and possession of a certain piece of property, such as an easement.

Easements are rights granted by the property owner to a non-property owner, often to allow passage over property so the non-property owner has access to a road. Just like an entire piece of land, easements can be acquired through adverse possession. This kind of taking falls under the legal doctrine called prescription. If you're a land owner, you can even take measures to negatively affect the accessibility to the easement on your property in a way that might end the right totally for a non-title holder. The easement could be ended by prescription if, for example, the property owner puts in a gate with a lock that makes it impossible for anybody but himself or herself to utilize the easement for a timeframe specified by state law.

You can take advantage of adverse possession just as much as it can harm you. If someone else is doing the possessing for a certain time period, land owners could stand to suffer the loss of their property. If it's an easement on your property you're coping with, however, and you limit access to it for the time required, your easement could be ended, eventually benefiting you.

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