There are several types of easements in Oklahoma. An easement is a legal right to use another person’s land for a specific purpose. It grants the holder of the easement (dominant estate) the right to use or access the another’s land (servient estate). You can create easements by agreement, necessity, prescription, or implication, and by recording them in public land records. Sometimes easements lead to property line disputes that proper recording can help to avoid.
Types of Easements in Oklahoma
Appurtenant: An easement appurtenant involves two parcels of land owned by different parties and transfers with the property when sold. An example would be allowing the owner of one property to cross another’s to access the main road.
In Gross: An easement in gross benefits an individual or entity rather than a parcel of land. Easements in gross are typically not transferable unless expressly stated otherwise. For example, utility easements allowing companies to install and maintain power lines on private property.
By Necessity: This arises when a property owner has no access to their land except through another’s property. For example, if a property has no access to a public road, an easement may be granted over a neighbor’s property to provide access.
By Prescription: These are created through continuous, open, notorious, and adverse use of another’s property for a statutory period in Oklahoma. The use must be without the landowner’s permission, continuous, and uninterrupted. For example, using a path across a neighbor’s land.
By Implication: This arises from the circumstances or conduct of the parties, implying that an easement was intended even though it was not explicit. If a landowner sells a portion of their property that includes items used by both properties, an easement by implication might allow continued use.
Conservation: This limits certain types of land use to protect its conservation values. An agreement to preserve wetlands to protect wildlife habitats constitutes a conservation easement.
Right of Way: This grants the holder the right to travel across another’s property and includes public or private pathways, roads, or driveways that allow passage.
Light and Air: This protects the right to receive light and air across adjoining property and can include restrictions on building heights or structures.
Creating Easements in Oklahoma
You can create easements in several ways, but most commonly through a written agreement or deed, specifying the terms. When this is the case, record the easement in the county land records to provide notice to future property owners. When you need to terminate an easement, you have several options. A common method is by the holder of the easement releasing their rights through a written document.
Tulsa County Easement Lawyers
Easements provide essential rights to use another’s property for specific purposes. Understanding the different types of easements in Oklahoma is crucial for property and business owners and users. Creating, using, and terminating easements involve legal processes that may require careful documentation and sometimes court intervention.
Our team here at Tulsa County Lawyers Group will guide you through the process, from the creation to the termination. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
