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What is the difference between an easement and a license?

What is the difference between an easement and a license?

Q: What is an example of a prescriptive easement?

An example of a prescriptive easement is when a neighbor regularly uses a path across another person's land for years without objection. If this use is continuous and open, the neighbor may eventually gain the legal right to use that path as a prescriptive easement, even if the landowner did not initially grant permission.

Full question:

I purchased property with the understanding I would be granted an easement to get to the property. It turned out, after the easement was granted and recorded, that the pipeline company had a right of way and they said my easement could not be used as my driveway. The owner of the land that sold me my property is going to give me another easement for my driveway. That is after I paid $2500. to have the new driveway put in with the pipeline engineers supervising it. Now he is trying, thru his lawyer, to convert the original easement to a license because I was able to get a letter from the pipeline company to grant me limited (in an emergency) access thru the original easement to my property. What is the difference between the easement and a license? I think I am getting taken advantage of. Help!

Category: Real Property
Subcategory: Easements
Date: 04/07/2025
State: Pennsylvania

Answer:

In legal terms, an easement is a right to use someone else's land for a specific purpose, while a license is a temporary permission to enter another's land. Here are some key differences:

Easements: These are typically formal rights that must be in writing to comply with the statute of frauds. They can be permanent and run with the land, meaning they remain even if the property is sold.
Licenses: These are informal permissions that do not require a written agreement and can be revoked at any time by the landowner, unless the licensee has made significant investments based on the license.

There are two main types of easements:

Easements in gross: These are personal rights that do not transfer with the property and end when the easement holder dies or a corporation dissolves.
Appurtenant easements: These are tied to the property and pass to new owners when the property is sold, provided the properties are adjacent and owned by different parties.

An easement can be terminated under certain conditions, such as if the purpose no longer exists, the ownership merges, the landowner releases it, or if it is abandoned. Misuse of an easement may lead to legal claims but does not usually terminate the easement itself.

For more specific guidance, consider consulting a legal professional who can provide advice tailored to your situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a property owner block an easement?

Generally, a property owner cannot block an easement that has been legally granted. An easement gives the holder a right to use a portion of the property for a specific purpose. However, if the easement is misused or if it is not being used as intended, the property owner may have grounds to challenge its use. Legal action may be necessary to resolve disputes over easement access or usage.

How do I get an easement released?

To release an easement, you typically need to obtain a written agreement from the easement holder. This agreement should specify that the easement is being terminated. If the easement is appurtenant, it may also require the consent of the current property owner. It's advisable to consult a legal professional to ensure the release is executed correctly and recorded appropriately.

What does a permanent easement mean?

A permanent easement is a long-term right to use another person's property for a specific purpose, which does not expire upon the sale of the property. This type of easement runs with the land, meaning it remains in effect even if the property changes ownership. Permanent easements are often recorded in public land records to ensure they are enforceable.

Can a property owner block a prescriptive easement?

A property owner can challenge a prescriptive easement, but they cannot block it if it has been legally established. A prescriptive easement arises from continuous and open use of someone else's property over a specified period, typically without permission. If the property owner can prove that the use was not continuous or that permission was granted, they may be able to block the easement.

What is a prescriptive easement in property law?

A prescriptive easement is a right to use another person's property that is acquired through continuous and open use over a statutory period, usually without the owner's permission. This type of easement is established when the use is notorious, uninterrupted, and adverse to the property owner's interests. The specific requirements can vary by state, so it's important to consult local laws.