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What Is an Access Easement?

There are instances when one has to pass through a certain property in order to reach a certain destination. The property one has to cross may not be public property and therefore, not open for public use. When an individual secures permission to pass through private property in order to reach a certain destination, this refers to access easement. This type of easement allows others access to property that is not theirs and this access in no way means transfer of titles of ownership to the individuals who have been granted access.

There are several kinds of access easement that can be placed on a property. However, no matter what kind of access easement is done, it usually becomes attached to the property and can carry over any transfer of ownership. An access easement of this kind is referred to as appurtenant easements. The existence of the access easement is recorded and attached to the deed and title of the property.

Another type of access easement is a right-of-way or necessity easement, which will allow access to private property thus categorizing it as a form of private easement as well. This usually involves access to a few individuals rather than the public. This type of easement is more commonly used for owners of landlocked property that need to pass through another piece of private property in order to reach theirs. When an individual passes through property without securing permission but faces no opposition in doing so, and does so for a certain period of time, this individual may gain a prescriptive easement.

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