Access Easement

Access Easement

An access easement is a legal right granted to an individual or entity to enter and use a portion of another person’s property for a specific purpose, typically to gain access to a public road or another property. This type of easement does not grant ownership of the land but allows the easement holder to use the land for the defined purpose.

Access easements are commonly used in situations where a property is landlocked, meaning it does not have direct access to a public roadway. In such cases, the owner of the landlocked property may seek an access easement from a neighboring property to legally pass through their land to reach the road.

For example, if Property A is situated behind Property B and has no direct access to the street, the owner of Property A can request an access easement from the owner of Property B. If granted, Property A’s owner can traverse a designated path on Property B to reach the street. It is essential to clearly outline the terms of the easement, including the location, extent, and duration of the access rights, to prevent disputes between the parties involved.

Access easements can be perpetual, meaning they last indefinitely, or temporary, which may be established for a limited time or specific project. The terms may also specify whether the easement is for pedestrian access, vehicle access, or both. In many jurisdictions, once an access easement is established, it can typically be transferred with the property, maintaining the right for future owners.