Legal Definitions - intermittent easement

An intermittent easement is a legal right that allows a person or entity to use another individual's property, but only occasionally or under specific, non-continuous circumstances. Unlike a continuous easement, which grants a constant right of access or use, an intermittent easement is exercised only when needed or at particular times, rather than all the time.

• Example 1: Seasonal Agricultural Access

  A farmer owns a large field, a portion of which is landlocked behind a neighbor's property. The farmer has an intermittent easement to drive heavy machinery across a specific path on the neighbor's land, but *only* during the spring planting season and the fall harvest season. For the rest of the year, the farmer does not use or access that path on the neighbor's property.

  This illustrates an intermittent easement because the right to cross the neighbor's land is not continuous; it is exercised only during specific, limited periods each year when agricultural activities require it.

• Example 2: Emergency Access Route

  A homeowner lives on a property with a single driveway that is prone to severe flooding during heavy rainstorms, making it impassable. They have an intermittent easement to use a portion of their neighbor's higher, adjacent driveway as an alternate access route *only* when their primary driveway is flooded and unusable. When their own driveway is clear, they do not use the neighbor's property.

  This is an intermittent easement because the right to use the neighbor's driveway is not constant; it only arises and is exercised during specific, infrequent emergency conditions when the primary access is blocked.

• Example 3: Utility Maintenance Access

  An electric company has power lines running across the back portion of a private residential yard. The company holds an intermittent easement that grants its technicians the right to enter the property *only* when necessary to inspect, maintain, or repair the power lines or associated equipment. They do not have a continuous right to be on the property for other reasons.

  This demonstrates an intermittent easement because the utility company's right of entry is not constant; it is exercised only at irregular intervals as maintenance or repair needs arise, rather than continuously.