We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Civil

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Road Easement?

Mary McMahon
By
Updated: May 16, 2024
Views: 61,456
Share

A road easement is an easement which allows for the construction and use of a road on a parcel of land by someone other than the property owner. Road easements may be private or public, depending on who needs to use the road and why. The easement gives people the right to use the road, but it does not give them right of possession. There are a number of settings in which road easements can be established, and the law can sometimes get extremely complicated when it comes to the details of easements.

The classic reason to have a road easement is to allow someone access to a property which would otherwise be landlocked. Not every parcel adjoins a public road, and in these cases, people need some way to get from the public road to their property. A road easement gives them the right to pass over property which belongs to someone else. Easements are also sometimes used to create shared driveways, with the understanding that two or more properties both need access to the public road, and thus benefit from sharing an easement. This type of road easement is known as a private easement.

Public authorities can mandate a road easement if they feel that it is in the best interests of the public. For example, the government might want to run a public road across a property, rather than around it, in which case it can go to court to attempt to secure an easement. In this case, the result is a public easement which anyone has the right to use.

The law surrounding easements can get complicated. It is possible to create an easement through customary use, as for example when people have been used to crossing someone else's property to reach their home for a set period of time, or through a verbal contract with a neighbor which can later be used to demonstrate that an easement is in place. Easements can also be created in court, or attached to a property title at the time that the property is subdivided, to ensure access to public roads for all the parcels.

When researching the purchase of a property, it is important to understand any and all easements attached to the property, and how they work. It is also advisable to check the documentation associated with the property to confirm that property lines are properly marked, and to see if there are any customary uses which could be considered easements even though they are not formally recorded. Otherwise, people may find themselves surprised when they see people utilizing their property. Consulting a lawyer may be advisable if there are easements attached to the property, to learn about any rights and responsibilities associated with them.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments
By Dramacat5 — On Dec 12, 2013
A utility easement is similar to a road easement except that a utility easement allows only for the construction and maintenance of utility lines within a specific area of land. These can be difficult to obtain because people are very protective of their property. If you're building a new home, be certain you can get the utility easements you need before purchasing the property. Likewise, if you're purchasing an existing home, check to be sure any utility easements for your lines are on file in your local clerk's office.
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
Share
https://www.mylawquestions.com/what-is-a-road-easement.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.