Easement in Vermont

State-specific overview · Property & Real Estate

Quick summary

Vermont treats easements as real property interests requiring written documentation and recognizes both express and implied easements.

How Vermont treats Easement

Vermont law requires easements to be created by written deed or will to be enforceable against successors in title. The state recognizes easements by necessity when land is landlocked or lacks essential access, and also allows prescriptive easements through open and continuous use for fifteen years. Vermont courts interpret easement grants narrowly, limiting use to the specific purpose stated in the document. The state also recognizes easements by estoppel when a landowner's conduct leads another to reasonably rely on an easement right.

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The general definition of Easement

The right to use someone else's land for a specific purpose, like crossing it or running utilities.

An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Vermont.