Easements: Expressed And Implied
An easement is a type of property right. It allows one party to use another’s property for a specific purpose. Easements are typically more limited in scope than outright ownership rights.
Private property owners often grant easements to government entities such as utilities and municipalities. However, individuals may also have easements to access the property of a neighbor, for example. The existence of an easement can burden the rights of the property owner and detract from the property’s market value. As a result, easement issues often arise in connection with real estate transactions and boundary disputes.
Two Types Of Easements
In Colorado, there are two general types of easements.
- Express easements are created by contracts. They are typically recorded and function as a deed. However, problems can arise if they are not specific enough to delineate clear rights. They can also become stale or abandoned. In the event of a dispute, it often falls to the courts to interpret the scope of the easement, including whether it is transferable and whether it has been abandoned.
- Implied easements are not formally recorded. Instead, they arise from reliance on promises through years of repeated use. They can also arise through adverse possession. Disputes regarding implied easements often center on whether an easement ever actually existed.
Experienced Legal Guidance On Easement Issues
For legal assistance with any type of easement-related issue, contact our legal team at Pearson & Paris, P.C. Our Denver area attorneys represent parties on both sides of easement disputes. Whether you need to challenge an alleged easement, formalize an easement agreement or uphold an existing easement, you can rely on our real estate lawyers to protect your interests.