An easement is an interest in land that grants or limits the right to use that land by someone who doesn't own or possess it, according to the legal firm Koley Jessen, and a permanent easement is one that is attached to the deed and continues to affect the land through subsequent changes in ownership. Easements, and their characteristics, are governed by state law.Know More
An easement holder is not allowed to occupy or exclude others from using the land unless they interfere with the easement holder's use. The owner of the land may continue to use it, according to FindLaw. Easements are usually held to be permanent unless the agreement states otherwise.
Permanent easements can be created in several ways, including through negotiation, by implication, by necessity, by adverse possession or by condemnation. Negotiation is an agreement between the parties and may include a financial transaction. An easement by implication can occur when a landowner sells two adjoining parcels of land to different buyers, but there is only one driveway. Necessity arises when someone buys a landlocked parcel and cannot access it without an easement. Adverse possession involves a long-term continuous use of property, such as a path or road, without the owner’s permission. Condemnation can create an easement when a government needs land for a roadway or sidewalk.Learn more in Real Estate
In real estate, a 'gift deed' is a notarized document that transfers ownership of property to another person. Gift deeds are only used when there is no payment or compensation for the property that is being transferred.Full Answer >
A special warranty deed is used to convey a real estate title to the buyer and grants a warranty against the seller's actions during the seller's ownership only. It has fewer protections for the buyer compared to a general warranty deed, which warranties against defects through all ownerships.Full Answer >
Title is a legal term that means ownership while a deed is a legal document that serves to transfer the title of a piece of property from one party to another. The terms are used most often in the field of real estate, but deeds are also used in other circumstances.Full Answer >
A "deed of easement" is a signed, legal document that grants the right to use another person's land for a specifically stated purpose, according to About.com This deed is different from a right-of-way easement, which gives someone the right to travel across property that is owned by another person.Full Answer >