Legal access to one’s land is essential, whether it be for residential, commercial, or agricultural purposes. Legal access to property can be established through various means, including express easements, prescriptive easements, implied easements and easements by estoppel. This article explores the key aspects of express easements, their legal framework, and best practices for property owners to consider.
What is an Express Easement?
An express easement is a legal right to use another person’s property for a specific purpose, typically access. This right is established through a written agreement between the parties and must be clearly defined in terms of scope, location, and use. Under Minnesota law, an express easement is considered a legal interest in land, granting the easement holder the right to use property without possessing ownership.
Types of Express Easements
Express easements fall into two categories: appurtenant easements and easements in gross.
- Appurtenant Easement: This type of easement benefits a specific parcel of land rather than an individual. It remains attached to the property and transfers with the ownership. If one property owner grants an easement to a neighboring property, the easement continues to exist even if the properties are later sold to different owners.
- Easement in Gross: Unlike an appurtenant easement, an easement in gross benefits an individual or entity rather than a specific parcel of land. For example, a utility company may have an easement in gross to run power lines across a property. This type of easement does not automatically transfer with the property ownership and may require an explicit agreement for continuation.
Minnesota law favors appurtenant easements unless evidence suggests otherwise. Courts determine the type by examining the original intent behind the easement, including the language of the document and whether the easement was necessary for the grantee’s land use.
The Importance of a Written Agreement
To ensure an express easement is legally enforceable, it must be in writing. Minnesota law, under the Statute of Frauds, mandates that all easements be established through written agreements. Verbal agreements regarding easement rights are generally not recognized in court and can lead to disputes.
A properly drafted easement agreement should include:
- A detailed description of the easement location and boundaries.
- The scope of use, including whether it permits vehicular or pedestrian access.
- Any maintenance responsibilities shared between the parties.
- Provisions for potential disputes and amendments.
Failure to document an easement properly can create legal complications, particularly when selling or transferring property. A buyer may be hesitant to purchase a property if access rights are uncertain.
Creating an Express Easement
Express easements can be created through various legal documents, including deeds and separate written agreements. In many cases, property owners use quitclaim deeds to grant easements. However, a standalone easement agreement may be preferable for outlining additional terms, such as maintenance responsibilities and cost-sharing provisions.
Additionally, property owners should consider consulting with a land surveyor to ensure precise legal descriptions in the easement agreement. Accurate survey work minimizes the risk of boundary disputes and clarifies the extent of access rights.
Scope and Limitations of an Express Easement
The scope of an express easement is strictly defined by the terms outlined in the granting document. Courts will not expand an easement beyond its intended use. Common factors to consider when defining scope include:
- Whether the easement allows for both pedestrian and vehicular access.
- The frequency of use and any restrictions on usage times.
- Whether the easement is exclusive or shared with others.
A common legal question arises when an easement is labeled as “exclusive.” In some cases, this term may indicate that only the grantee has access to the easement area, while in others, it may simply mean that the grantor retains the right to use the easement area, but only in a manner which does not unreasonably interfere with the grantee’s use of the easement area. Courts may interpret ambiguous language differently, so clarity in drafting is essential.
Maintaining an Easement Area
While the easement holder benefits from access, maintenance costs for roads or access routes over the easement area are not always explicitly defined in agreements. Common maintenance considerations include:
- Grading and resurfacing of gravel or paved roads.
- Snow removal and seasonal upkeep.
- Trimming vegetation to prevent obstructions.
To prevent disputes, property owners should include maintenance responsibilities within the easement agreement, specifying who is responsible for costs and labor.
Impact of Mortgages on Easements
If the property owner granting an easement has a mortgage, the lender’s consent may be required to avoid conflicts in the event of foreclosure. Under Minnesota law, foreclosure can extinguish interests in property that were recorded after the mortgage unless the lender agrees to recognize the easement. Property owners should check for existing liens and secure lender approval if needed.
Recording an Easement
For an express easement to be legally binding upon future property owners, it should be recorded with the county recorder’s office. Recording the easement ensures that it remains enforceable even if the effected properties change ownership. Without proper recording, future buyers may challenge the validity of the easement, leading to legal disputes.
Final Considerations
A well-drafted express easement should be clear and unambiguous to avoid future conflicts. Property owners are advised to work with surveyors and legal professionals to ensure precise legal descriptions and comprehensive terms. In cases of ambiguity, courts may consider external evidence, such as historical use and original intent to interpret the scope of the easement. By properly drafting and recording express easements, property owners can secure long-term legal access and prevent potential disputes.
Joseph Heck is an attorney at Fryberger Law Firm. He can be reached at Fryberger’s Cloquet office at (218) 879-3363.
The material in this article is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
Fryberger, Buchanan, Smith & Frederick P.A.
