What Exactly Is A Driveway Easement?
A driveway easement is simply a type of easement that grants the landowner one property right, which is access to their driveway over another person’s land. These are generally established by a recorded deed and create a legal right of use for the grantor of the driveway easement and a corresponding obligation for the grantee of the driveway easement. It is one of many different kinds of easements created by parties to private property to give certain rights to a particular parcel of land.
Easements can be really helpful in the right situation. Generally, there are three types of easement situations:
- Landlocked parcel: A driveway easement allows you to reach out into a neighbor’s property so you have a clear way to access your land or primary house.
- Encroachment: A driveway easement may allow the owner of the driveway to encroach on the neighboring property.
- Utility easement: A driveway easement also allows the utility company (or another party) the right to dig or to plant on the land of the grantee .
In addition to encroachments, utility easements can involve more permanent burrowing under related to various city water main and sewage pipes or telephone lines, electric, and gas appliances. The very nasty part about a utility easement is that they can result in the grantee losing some of the value of their property. In these cases, the utility company, or other parties, can utilize the commercial process of eminent domain to essentially take the land of the grantee in order to install the utility or drain lines. In most situations, however, the grantee will get compensated, which lessens the blow of having part of their property directly taken from them.
Generally, an easement is only valid when compared against a written document containing the easement language. It’s important to understand that a lot of times, even when you think you have a driveway easement against a neighboring piece of property, without a written conveyance or agreement, you could be in trouble. Having a driveway easement affords your parcel a property right and grants you a limited degree of access to that land.
Ways Of Creating An Easement In Minnesota
Minnesota recognizes easements in express and implied varieties. Express easements are those that are created through the express agreement of the parties. Implied easements are those that are created by operation of law, without an express agreement.
Easements in Minnesota are either affirmative or negative in nature. Affirmative easements consist of a right to do something in the nature of entry upon the servient estate, such as a right to incur inconvenience or damage; whereas negative easements impose a restriction as to the location of things (such as fences) on the dominant estate. Both types of easements may be said to "burden" the servient estate, but only affirmative easements confer a burden on the servient estate by the doing of some affirmative act.
Minnesota recognizes both affirmative and negative easements. As to the former, the common example of a driveway easement is the most well-known. This type of easement is most commonly the subject of express grants. Such an easement when granted by express reservation is referred to as a "reservation of right-of-way easement." When an easement for a drive is implied it arises by operation of law. For example, it is inferred because the landowner has granted an express easement or license, but forgot to include certain reservations. It may also arise ("implied by necessity" or "implied by prior use") when an owner sells a part of his land, retaining the other part and reserving an implied right to use a way of the other part, such as for a means of egress and ingress (for instance, if a parking site is left in a subdivision for the benefit of those occupying the remaining lots).
Prerequisites For Establishing A Driveway Easement In Minnesota
In Minnesota, establishing a driveway easement is governed by real estate law and requires a written document. There are generally no special statutory requirements regarding what must occur to create a driveway easement, although the process can be quite specific depending on the situation. An easement is a right granted by a parcel owner to a neighboring parcel to use the property. In contrast to a license, an easement is permanent unless it is explicitly stated in a document that it is subject to being terminated or that it will expire after a certain period of time.
The general rule under Minnesota law is that the common dominant estate and the common servient estate must be in separate owners, however, a driveway easement may be established for benefit of land by one party, if that same party is the owner of adjacent land. A driveway easement may also be established if it is reserved in a deed.
It is essential that the easement comply with the statute of frauds. Thus, the easement must (1) be in writing; (2) sufficiently describe the land; and (3) be signed by the party to be charged therewith.
Properly established driveway easements should contain the following provisions:
Resolving Driveway Easement Disputes
Disputes over driveway easements can arise in a variety of contexts, ranging from disagreements between neighbors about the extent and use of the easement to boundary disputes between adjacent lot owners. One common dispute type involves easements created by deed. When the deed document contains ambiguous or poorly defined terms, parties may disagree over the intended scope of the granted easement. In one Minnesota case, the court found that the grant of an easement "on and over" particular property required the owner of the burdened property to provide access at any point over their land so long as the purpose was reasonable. On the other hand, a court may determine that a driveway easement is to be used only in the manner specified in the deed if that is the clear intention of the grantor and grantee. Another common source of disputes involves an attempt to expand the use of an existing easement beyond the scope originally granted. Minnesota law does not permit such expansions absent express language authorizing it. In other situations, disputes may occur due to the failure to maintain the easement. If the easement is granted expressly for the purpose of accessing the dominant estate, the owner of the servient estate has been allowed to recover contribution from the owner of the dominant estate if they have failed to pay their share of the upkeep. Conversely, when the owner of the servient estate has failed to reasonably maintain the property, it may constitute a trespass upon the easement that justifies the final termination of their interest. There are many other situations that may give rise to disputes over driveway easements, and the above examples are merely illustrative. Although such disputes are somewhat common, the law governing them is nuanced and complex. Parties to these types of disputes should confer with an experienced Minnesota real estate attorney to better understand their rights, remedies, and obligations under the pleadings.
Employing Local Zoning Law And Regulations
Zoning laws and regulations in Minnesota can have significant impacts on issues surrounding driveway easements. Notably, while the required width of a driveway easement is governed by Minnesota law, states, and in turn municipalities, can impose restrictions on the use of the property a driveway easement traverses and the dimensions of the driveway itself.
On its face, this can seem to be just another example of the prevailing point that easement law and property is complicated. Even attorneys are not exempt from making mistakes when interpreting an easement.
Specifically, within Minnesota, for example, counties may require driveway permits, health permits, and even culvert permits prior to constructing a driveway on commercially or residentially zoned property. Each of these permit requirements can affect the size and shape of a driveway, as well as its intended use. These types of permits can also become a point of conflict should a conflict between parties arise regarding the interpretation of an easement, its use, and its maintenance .
For example, while the standard width of a driveway easement may be ten feet, use restrictions may prevent the easement holder from building a driveway that width, forcing them to build a narrower driveway and further straying from what otherwise is the widely accepted standard. While the parties to an easement dispute may disagree on the interpretation of an easement, restrictions imposed by a county could be the key determinant in determining the allowable use of an easement and adjacent property.
The role of local zoning laws and regulations is an often overlooked and underappreciated aspect of easement law and construction. It is important that the consideration of zoning laws/legalities is addressed when developing an agreement between easement grantors/grantees, as factors unique to a specific area can have major impacts on the interpretation of an easement and could be the deciding factor upon which an agreement will falter or thrive.
Amending Or Terminating An Easement
In Minnesota, easements are commonly amended from time to time to update terms, provide greater clarity or change how an easement is exercised. The legal authority to update the terms of how a driveway easement is used arises from language in the easement containing a reservation of rights which reserves the right of the Parties to revise the easement by a written agreement executed by all parties if a need arises in the future. To be enforceable by the Court, any amendment must be documented in a writing signed by all parties and recorded in the Office of the County Recorder located in the county where the affected property is located.
If an easement holder wishes to terminate an easement it needs to be prepared to show that: (1) the easement holder has made use of the easement in the past and (2) the easement holder has become landlocked since the grant of the original easement. If the easement holder can make this showing it is entitled to an easement in a location more convenient to it than the existing easement location, unless it can be shown this is not possible. It is important to know that as part of the examination of the title to the property, any real estate purchaser or bank who makes a loan secured by real estate must locate and then disclose easements in the area where the property is located. Having an attorney prepare an easement amendment, update, deletion or termination will ensure appropriate consideration is given to how to best protect or enforce real estate rights.
Helpful Suggestions For Homeowners To Understand Easement Problems
In conclusion, appropriate maintenance of the driveway easement is key. It is important to try and be courteous to the other party using the easement. Most neighbors are willing to work together to establish the terms of a maintenance agreement. The point is to avoid litigation over issues. Lawyers will not be able to make your neighbor be nicer. The best advice is to try to avoid the situation from arising. If the relationship with the neighbor is already strained , consider hiring a professional to draft a formal maintenance agreement between the parties. A written agreement will help to avoid further disputes.
If you have questions regarding easement law in Minnesota or how it relates to your situation, or regarding whether you are legally entitled to drive over your neighbor’s land, you should contact an experienced real estate attorney.