Understanding Property Easements in Rhode Island

An easement is a right by one party to use the property of another. Whether it’s a shared driveway, utility access, or something else, easements can impact property use, value, and ownership responsibilities. Easements can also lead to various legal disputes. This post will explore the basics of property easements in Rhode Island.

Rhode Island Property Easements

Types of Easements

Easements can take several forms. The following are some common types of easements in Rhode Island:

• Easements Appurtenant: These easements benefit a specific piece of property. For example, the owner of a landlocked property might have access to a neighboring property for their driveway.
• Easements in Gross: These easements provide rights to a person or entity not associated with a property. For example, it could be a utility company that needs to install or repair equipment.

There are also differences between public and private easements. A public easement grants the public the right to use the land. An example could be a path to a public space. Private easements result from agreements by two or more private parties. These could include a path to build a driveway or access to install some infrastructure.

Easement Rights and Restrictions

While property easements grant rights, they also come with restrictions. The easement holder can use the land for an intended purpose. However, the usage must stick to the agreement or established purpose and not exceed its scope. For example, you couldn’t expand a driveway easement to include parking spaces without permission.

There’s also the additional question of maintenance. For private easements, the holder is typically responsible for maintenance. With public easements, it is often up to state agencies to maintain the easement. However, these are general rules, and maintenance obligations may vary depending on the circumstances.

How Easements Are Created?

Rhode Island law recognizes various ways parties may establish an easement. An express easement involves two parties making a legal agreement. Implied easements don’t have a formal agreement and are typically due to circumstance. The holder might need the easement to use their land, but they never created one with the property owner.

Prescriptive easements occur when someone uses another’s property openly and without permission. Rhode Island law typically requires open and continuous use for at least ten years. You may also encounter easements by necessity. These easements usually grant access to land that might otherwise be unusable.

Easements and Real Estate Transactions

Easements can significantly influence real estate transactions. For the dominant estate, an easement could be vital for its marketability. However, an easement could diminish the property value of the servient estate. It is also important to note that the law requires sellers to disclose easements.

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