Buying or selling a home can be an emotional roller coaster, and the negotiations and paperwork can leave you feeling unsure and on edge. Meeting with a lawyer can help you understand your options and how to best protect your rights. On the other hand, the owner of the servient land may make any use of that land that does not unduly interfere with theeasementholder'suse of theeasement. the Nature of a Public Right-of-Way However, any easement is subject to termination by other means, as discussed below. Click or touch this button to go to the COBAR homepage, parent of Colorado Lawyer magazine. Despite this, an individual granting aneasementshould avoid any potential problems by expressly providing that theeasementis permanent., Although permanenteasementsare the norm, theycan be terminatedin a number of ways. 1944). You might want to use a driveway to access your own property. : Most easements allow something to happen, which are affirmative. 105.180 Action for failure to comply with duty of holder; recovery of costs; arbitration . If the easement is something which can be transferred when you sell your property, then you need to note that it runs with the land. For example, you could state, The perpetual easement is a covenant intended to run with the land and is appurtenant to the dominant parcel. This means that when you sell the land, you sell the easement along with it. It's important to know about property easements before you buy a house because you may find that you're stuck with an easement you don't want. In Wright v. Horse Creek Ranches, the Colorado Supreme Court adopted the approach outlined in Restatement (First) of Property 63 477479, which provide guidance for determining the scope of permissible uses for an easement acquired by prescription.64 Restatement 477 provides that [t]he extent of an easement created by prescription is fixed by the use through which it was created. To determine whether a particular type of use is permissible under a prescriptive easement, the Wright Court looked to Restatement 478, which advises that the claimed use must be compared with the original use of the easement with respect to (a) their physical character, (b) their purpose, [and] (c) the relative burden caused by them upon the servient tenement.65 In considering whether a subsequent use of the prescriptive easement constitutes an expansion of the original use, the Wright Court further looked to Restatement 479, which provides that, in addition to the factors noted above, courts should consider the needs resulting from the normal evolution of the use of the dominant estate, balanced against the extent to which those needs increase the burden placed on the servient estate.66 In weighing these factors, the Wright Court refused to permit the holder of a prescriptive easement acquired for agricultural use to subsequently use that easement for new residential and recreational uses.67, Courts have also used this test to examine a change in the degree of use of a prescriptive easement. See Arrabelle at Vail Square Residential Condo. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/e\/e3\/Obtain-a-Property-Easement-Step-1.jpg\/v4-460px-Obtain-a-Property-Easement-Step-1.jpg","bigUrl":"\/images\/thumb\/e\/e3\/Obtain-a-Property-Easement-Step-1.jpg\/aid7263122-v4-728px-Obtain-a-Property-Easement-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"