In Oklahoma, there are several Types of Easements. Easements play a major role in Oklahoma property law because they allow someone to use land they do not own for a specific purpose. Whether you are buying property, dealing with a boundary issue, or facing a dispute with a neighbor, understanding the different types of easements can help you protect your rights and avoid costly litigation.

Easement Appurtenant

One of the types of easements, an easement appurtenant, is tied to the land itself—not the individual who owns it. This type of easement exists to benefit a particular parcel of property, such as allowing access to a landlocked property through a neighboring parcel. The easement “runs with the land,” meaning it transfers automatically to future buyers of both the burdened and benefitted properties.

This is the most common type of easement in Oklahoma and is often created by deed or long-term use.

Easement in Gross

Unlike an easement appurtenant, an easement in gross benefits a person or entity rather than a piece of land. A common example is a utility easement that gives electric, water, or telecommunications companies the right to enter private land to install or maintain lines. Because the benefit does not attach to a specific parcel of real estate, this type of easement typically does not transfer when property changes ownership unless the easement’s terms specifically allow it.

Prescriptive Easement

A prescriptive easement is created through long-term use rather than a written agreement. In Oklahoma, if someone openly, continuously, and hostilely uses another person’s land for at least 15 years, they may obtain a legal right to continue using it. Common examples include shared driveways, long-used pathways, or access roads.

Prescriptive easements are often disputed because they rely on proof of how the land was used and whether it was permitted.

Easement by Necessity

An easement by necessity arises when property becomes landlocked and cannot be legally accessed without crossing another parcel. Oklahoma law recognizes that every landowner must have a way to reach their property, so courts may create this easement to provide access. It typically applies when a larger piece of land is divided, and the resulting parcel has no public road access.

These easements last only as long as the necessity exists. If a new route becomes available, the easement may terminate.

Easement by Implication

This type of easement is not created through long-term use or court order, but rather inferred from the circumstances surrounding a conveyance of land. An implied easement may arise when the previous owner of both parcels used one part of the property to benefit another—such as a shared driveway or existing utility line—and it is clear that continued use is necessary and expected.

Courts rely heavily on the land’s historical use and the original intent when deciding whether to recognize implied easements.

Easement by Agreement

An easement by agreement is created through a written contract or deed between property owners. It may define exact boundaries, the purpose of the easement, maintenance responsibilities, and whether it transfers to future owners.

Because it is negotiated, this type of easement often avoids conflict and gives both sides clarity about their obligations.

Why Understanding Easement Types Matters

Easements affect property value, access, maintenance responsibilities, and how the land can be used in the future. Disputes often arise when:

• A neighbor blocks a driveway or access point
• A landlocked property owner cannot reach their land
• A utility company exceeds its permitted use
• A prescriptive easement is claimed or contested
• Buyers discover undisclosed easements after closing

Knowing the type of easement involved is essential, as each carries different rights, limitations, and legal remedies.

Tahlequah Easement Attorneys

Different Types of Easements in Cherokee County present different types of issues. Easement issues can quickly become complicated, especially when access rights or property boundaries are disputed. The Civil litigation team at Kania Law– Tahlequah Lawyers is here to guide you. Call 539-867-2321 today for a free consultation with one of our attorneys, or click here to ask your question online.