In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person’s or entity’s land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer. In these cases, a Mississippi real estate attorney may have to intervene on the purchaser’s behalf.
What is an Easement?
An easement is a legal right to access real property that is owned by someone else for a limited and specified purpose. An easement may have several effects on property owners.
Forms of Easement in Mississippi Real Estate Law
There are generally two forms of easement granted to property holders’ in the state of Mississippi. An affirmative easement gives the holder access or the right to enter or cross over the adjoining property. For instance, there is no road to a home behind another home except via a private road. An easement could be granted to use that road. A negative easement could be granted to stop another party from accessing/egress to their property.
Types of Easements
The types of easements granted, whether affirmative or negative, are as follows:
Implied Easement
This easement is implied by the prior use of the property.
Easement in Gross
An easement that benefits a person or entity, not a property.
Prescription and by Necessity
If in the private road example above had the neighbor used the road for a period of ten years or more, the neighbor can be given an easement by prescription. They can also get one by necessity due to no other road being available to them.
Express Easement
An easement granted in a will or deed that must follow legal guidelines and must be in writing.
Utility Easement
Allows utilities and public entities to use the land to perform actions such as laying underground and overhead cables and sewer lines.
Possible Real Estate Litigation
The Mississippi real estate laws on easements will be the cause of some litigation. The experienced real estate attorneys at Rushing & Guice can fight hard for your cause in an easement battle. If you are seeking an affirmative or negative easement, the firm has the knowledge and experience to bring your case to its desired conclusion.
