When it comes to land surveying, everything is made to be as official as possible. After all, this work is done to create maps that can be held up as evidence in legal arguments in court. So there are definitely no gray areas in land surveying, right? Well, not exactly.
An easement is a kind of land-use gray area. It’s a part of a property that may belong to you but for some reason is also used by another party. So what exactly is an easement, and how is it used in Idaho? Read on to find out.
What is an easement?
As mentioned, an easement is an agreement where one or more parties is given permission to use your land for a particular purpose. An easement is sometimes created during the original surveying and mapping of the land. It can also be added in after the fact, which would require separate legal documents.
If an easement is to be created after the original platting of the land, it will require a land surveyor and an attorney working together to create an agreement between the landowner and the party or parties who will be using the easement. In some cases, there may be restrictions on how the easement may be used, both on the side of the landowner and other parties.
How is an easement used in Idaho?
There are many common situations in which an easement may be required or allowed. Sometimes these involve necessary functions, like utility operations. Other times, easements can be used to allow access to an adjacent property. And sometimes an easement agreement may be required in order to settle a longstanding property dispute.
One common type of easement is for utility usage. This can be for placing utility poles, wires, cables or pipes on private property. It may also be used to allow a utility company to maintain an area adjacent to utility lines, such as the land under and around power lines.
Another type of easement that is commonly used is to allow access to an adjacent property. One example is a long driveway that goes through one plot of land to allow access to an adjacent home. This may require an easement agreement between multiple parties depending on the arrangement of plots of land.
Easements can also help settle land-use disputes. For example, if someone wants to build a fence or perform other improvements on their land, but their proposed plans encroach upon their neighbor’s land, an easement can be created to satisfy the concerns of both parties and avoid any potential quarrels in the future.
Mason & Associates has more than 30 years of experience in planning land development projects and is your best choice when you need a civil engineer for projects in Idaho and Oregon. When you need to get more information about easements and how they are used in Idaho, or require information on any other facets of land surveying, contact us for all the answers you need.