Easement

What is an easement?

An easement grants a person or entity the legal right to enter or use property owned by someone else. The property owner maintains full ownership but must allow the use of the land based on terms of the contract. There are several types of easements, each with different rights and conditions. The most common include: 

• Right-of-way – Allows people or vehicles to travel through a property 
• Maintenance – Allows access for ongoing property upkeep 
• Utility – Grants utility companies access to a property to perform work 
• Conservation – Prohibits the development of land as a preservation measure
• Prescriptive – Allows continuous use of land without the owner’s permission

These legal contracts are attached to a piece of land, not the people involved.

Why are easements important for HOAs?

Easements are often a major factor in the operation of a homeowners association (HOA). They affect residents, third-party vendors, or other entities that must access the property. 

For example, they may impact how and where homeowners can place fences on their own property. In a case like this, the resident and HOA board will need to work together to come to an amicable solution. 

Right-of-way easements allow residents or visitors the legal right to use private roads or driveways. This makes accessing the property easier and helps avoid legal disputes.

How can you use “easement” in a sentence?

The easement made it possible for community residents to enjoy use of the park whenever they wished.