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An Easement is a
right of one person to use the real estate, or a portion of it, of
another person for a particular purpose.
The real estate, subject to the easement, is sometimes
referred to as the �Servient Estate.� An example of an easement is a right-of-way for the ingress
and egress. This
means the right to travel across or across part of the Servient
estate to reach or leave one�s own real estate.
Another example is an easement for utility, such as power
lines or water lines.
Easements may
arise from agreement or operation of law.
An agreement for an easement is set forth in writing and is
signed by the parties agreeing to it. Easements may be for a set period of time, but often run with
the land. This means
that even if one of the parties agreeing to it conveys or
transfers his/her real estate, the easement still applies to the
real estate affected by it.
An easement
established by an operation of law results from general legal
principles such as a right of ingress and egress for landlocked
real estate, or such as the right of drainage of surface water.
An easement also may arise by adverse possession. This is
sometimes referred to as a prescriptive easement or easement by
prescription.
Further
information regarding �adverse possession� may be found in
that topic. Please see specific state for details and/or
differences.
Black�s
Law Dictionary, Fifth Edition.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
In
Alabama, the period of adverse use must be at least twenty
(20) years.
ALASKA
N/A
ARIZONA
In
Arizona, the period of adverse use must be at least ten
(10) years. Arizona
Code �12-521
through 528.
ARKANSAS
In
Arkansas, the period of adverse use must be at least seven
(7) years. Arkansas
Code �16-56-105;
18-11-102, 03; 18-60-212.
CALIFORNIA
In
California, the period of adverse use must be at least
five (5) years. The
claimant of an easement by adverse possession must also
pay the taxes due for the five (5) year period if it has
been separately assessed.
California CC �1007.
COLORADO
In
Colorado the period of adverse use must be at least
eighteen (18) years. Colorado
Code �38-41-101,
108, 109.
CONNECTICUT
In
Connecticut, the period of adverse use must be at least
fifteen (15) years. Connecticut
Code �37-40;
47-25.
DELAWARE
In
Delaware, the period of adverse use must be at least
twenty (20) years. Delaware
Code �10-7901,
7902.
FLORIDA
In
Florida, the period of adverse use must be at least twenty
(20) years. Florida
Code �95.16-.18.
GEORGIA
In
Georgia, the period of adverse use must be at least seven
(7) years for improved land and twenty (20) years for wild
land. Georgia Code �44-5-175;
44-9-1.
HAWAII
In
Hawaii, the period of adverse use must be at least twenty
(20) years. Hawaii
Code �657-31,
31.5.
IDAHO
In
Idaho the period of adverse use must be at least five (5)
years. Idaho
Code �5-208
through 210.
ILLINOIS
In
Illinois, the period of adverse use must be at least
twenty (20) years. This
type of easement does not arise if the owner of the
servient estate posts a conspicuous notice on the real
estate stating that the use of it is permitted and subject
to his/her control. Illinois
Code �735-5/13-122.
INDIANA
In
Indiana, the period of adverse use must be at least twenty
(20) years. Indiana
Code �32-5-1-1.
IOWA
In
Iowa the period of adverse use must be at least ten (10)
years. The
owner of the servient estate may prevent the establishment
of a prescriptive easement by serving written notice upon
the easement claimant within the ten (10) year period that
he/she disputes the claim.
Iowa Code �564.1,
4-7.
KANSAS
In
Kansas, the period of adverse use must be at least fifteen
(15) years. Kansas
Code �60-503.
KENTUCKY
In
Kentucky, the period of adverse use must be at least seven
(7) years if held under patent and fifteen (15) years
otherwise. Kentucky
Code �413.050.
LOUISIANA
Louisiana
CC �742.
MAINE
In
Maine, the period of adverse use must be at least twenty
(20) years. The
owner of the servient estate may prevent a prescriptive
easement by giving written public notice that he/she
objects to the easement.
Maine T.14, �812.
MARYLAND
In
Maryland, the period of adverse use must be at least
twenty (20) years. Maryland
Courts Art. �5-103.
MASSACHUSETTS
In
Massachusetts, the period of adverse use must be at least
twenty (20) years. The
owner of the servient estate may prevent prescriptive
easement by posting a conspicuous notice on the real
estate claimed as an easement which states the owner�s
intent to prevent an acquisition of an easement.
Massachusetts C. 187, �2-3.
MICHIGAN
In
Michigan, the period of adverse use must be at least
fifteen (15) years. Michigan
CLA �600.5801.
MINNESOTA
In
Minnesota, the period of adverse use must be at least
fifteen (15) years. Minnesota
Code �508.02;
541.01-.02.
MISSISSIPPI
In
Mississippi, the period of adverse use must be at least
ten (10) years. Mississippi
Code �15-1-7,
13.
MISSOURI
In
Missouri, the period of adverse use must be at least ten
(10) years. Missouri
Code �516.010-.030.
MONTANA
In
Montana, the period of adverse use must be at least five
(5) years. Montana
Code �70-19-405.
NEBRASKA
In
Nebraska, the period of adverse use must be at least ten
(10) years. Nebraska
Code �25-202.
NEVADA
In
Nevada, the period of adverse use must be at least five
(5) years. Nevada
Code �11.070-.080.
NEW HAMPSHIRE
In
New Hampshire, the period of adverse use must be at least
twenty (20) years. New
Hampshire C. 508, �2.
NEW JERSEY
In New
Jersey, the period of adverse use must be at least twenty
(20) years. New
Jersey Common Law.
NEW MEXICO
In New
Mexico, the period of adverse use must be at least ten
(10) years. New
Mexico Code �37-1-22.
NEW YORK
In New
York, the period of adverse use must be at least ten (10)
years. New
York Real Prop. A&P.L. �501-551.
NORTH CAROLINA
North
Carolina Common Law.
NORTH DAKOTA
In
North Dakota, the period of adverse use must be at least
ten (10) years. North
Dakota Code �47-05-12.
OHIO
In
Ohio, the period of adverse use must be at least
twenty-one (21) years.
Ohio Code �2305.04.
OKLAHOMA
In
Oklahoma, the period of adverse use must be at least
fifteen (15) years. Oklahoma
Code �12-93;
60-333.
OREGON
In
Oregon, the period of adverse use must be at least ten
(10) years. Oregon
Code �12.050.
PENNSYLVANIA
In
Pennsylvania, the period of adverse use must be at least
twenty-one (21) years.
Pennsylvania Code �42-5530.
RHODE ISLAND
In
Rhode Island, the period of adverse use must be at least
ten (10) years. Rhode
Island Code 34-7-1.
SOUTH CAROLINA
In
South Carolina, the period of adverse use must be at least
twenty (20) years. South
Carolina Code �15-67-210 through 260.
SOUTH DAKOTA
South
Dakota Common Law.
TENNESSEE
In
Tennessee the period of adverse use must be at least
twenty (20) years. Tennessee
Common Law.
TEXAS
Texas
Common Law and Texas Civ. Prac. Rem. Code �16.021
onward.
UTAH
In
Utah, the period of adverse use must be at least twenty
(20) years. Utah
Common Law; Title 78, Chapter 12.
VERMONT
Vermont
Code �12-501.
VIRGINIA
In
Virginia, the period of adverse use must be at least
twenty (20) years. Virginia
Common Law.
WASHINGTON
In
Washington the period of adverse use must be at least ten
(10) years. Washington
Code �7.28.050-.090.
WEST VIRGINIA
In
West Virginia, the period of adverse use must be at least
ten (10) years. West
Virginia Common Law Code �55-2-1.
WISCONSIN
In
Wisconsin, the period of adverse use must be at least
twenty (20) years. Wisconsin
Code �893.28.
WYOMING
In
Wyoming, the period of adverse use must be at least ten
(10) years. Wyoming
Code �24-1-101.
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