An easement is an interest in land. Common easements are driveway and roadway easements. In the ease of a driveway easement, the property owner allows another party to use a driveway on his land.
In most cases, it must be in writing in order to be enforceable. The easement is an agreement between the landowner and a party benefitting from it. The agreement will set forth the description, a price to be paid, terms of maintenance, and any termination date of the easement. In most cases, they should be recorded in the county recorder’s office to protect the interest of the purchaser.
There are some exceptions to the requirement of a written easement. One exception is an easement by prescription. This means that a party has been allowed access to the property owner’s property for a sufficient time period under sufficient conditions to create an easement or right to use the property. Adverse possession is a similar right to use of property.