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.Continue Reading
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 about Real Estate
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 >
A quitclaim deed is a deed used to transfer property ownership when no sale is involved, according to Realtor.com, meaning that there is no money exchanged and no title insurance issued in the transaction. A quitclaim deed only affects property ownership, not the financial responsibility of a mortgage.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 gift of deed is a legally binding contract that transfers the ownership of a real estate property from one person to another, according to the Real Estate Lawyers. The donor, the person that gives the gift of deed, hires a real estate attorney to draft, review and file the necessary legal paperwork required to transfer the property to the donee, the person who receives the gift.Full Answer >