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What is an easement?

On Behalf of | Mar 20, 2024 | Real Estate |

When individuals are looking into potential real estate purchases, they must consider many factors. While many people focus on issues like the location and features of a property, there are others that some individuals may not consider unless the importance of an issue is made clear.

For example, one factor that anyone considering buying a property should review is whether an easement is attached to the property and, if so, whether it will remain attached to the property after the purchase.

Definition of easements in real estate

Easements are legal rights that allow individuals or entities to use a portion of another person’s land for a specific purpose. In real estate, easements are crucial for providing access to properties, facilitating the use of shared resources and ensuring the maintenance and development of infrastructure. These rights are typically attached to the property itself, meaning they remain in effect regardless of changes in ownership.

Types of easements

There are various types of easements that all serve different purposes and are established under different conditions. The most common types include right-of-way easements, utility easements and conservation easements.

Right-of-way easements give someone permission to go through someone else’s property. Easements are usually attached to a landlocked property and requires access through a neighboring property to reach a public road.

Utility easements allow utility companies to install and maintain utility lines, such as electricity, water, and telecommunications, across private properties.

Conservation easements restrict the use of land to protect natural resources and preserve its environmental value.

Impact of easements on property owners

Easements can have significant implications for property owners because they affect how they can use their land and potentially influence the property’s value. Property owners need to be aware of any existing easements before purchasing land and consider how these legal rights might affect their plans for the property.

Understanding easements is essential for anyone who hopes to purchase real estate. By clearly defining rights and responsibilities, easements can potentially ensure that properties can be accessed, utilities can be provided and land can be preserved for future generations. However, they can also be burdens for property owners under certain circumstances. Working with a legal representative to ensure there’s a comprehensive understanding of these matters is critical for a purchaser’s protection.