Every deeded access involves a deeded easement. The reverse is not true. A deeded easement may involve granting access across a parcel of land, but it is also used for other purposes. Both involve execution of a legal document that grants a limited property right. Both bind the property for future owners. The differences involve the intent of the parties and the purpose of the easement.
Parties to Deeded Access
A deeded access involves two parties. One is a landowner without access to his property, or at least not reasonable access. The other is an adjoining landowner whose land provides a convenient means of access. The parties negotiate a right-of-way. They then employ a surveyor to prepare a map showing the exact location of the access road. An attorney draws a deed based upon the survey. In California and some other states, it is not required that an attorney prepare the deed of easement. Drafting a deeded access involves legal expertise, so the parties may be well advised to seek a real estate attorney to prepare the document. The parties record the deed and a deeded access is created.
Purpose of Deeded Access
The purpose of a deeded access is simple. It provides a right-of-way for a landowner to reach his property. He may already have a way into his property, but it may be inconvenient or poorly maintained. It just does not meet the needs of the landowner. The new deeded access solves the problem. The sole purpose of the landowner granting the easement may be monetary compensation, or he may in some way benefit from a road crossing his property.
Parties to Deeded Easement
A deeded easement involves any two parties who have a common interest in creating a legal right to real property. It might be a landowner and a utility company or the local municipality who needs to install sewer lines. It could be a neighbor who desires to park his boat in the large driveway next door. Adjoining landowners might like to have the right to fish in a neighbor's pond. All of these parties can reach an agreement about land use and record an easement reflecting that agreement.
Purpose of Deeded Easement
A deeded easement other than one for access serves many purposes. Examples include utility, drainage, driveway and lake access easements. Every purpose has in common the desire for a party to gain the right to use someone else's land for a limited use. This variety of use marks the difference between an deeded access easement and a deeded non-access easement.
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