There are times when a property may have an easement attached. This often occurs when there’s a need for someone else to use a part of your property. Utility companies may need access to lines or pipes across your property. People may need to use your driveway to get to their home.
Whether you’re purchasing a property with an easement or learned of one on your property, there are certain points you should know.
Not all easements are written
There’s a chance that you won’t even know about an easement attached to the property. It’s possible that there’s an implied easement in place. An example of this is when there’s a need for a utility company to access a specific part of your property that’s housing the company’s assets. The utility company may need to upkeep, maintain or repair their asset, so they’d have to be allowed to come onto your property to do so.
Some easements are made between parties instead of being attached to the land. This is the case if there’s a legal agreement between two property owners. If one property owner passes away, the easement stops. Easements in gross, for example, aren’t transferable and stop if one party dies.
Many types of easements can occur with a property. If there’s an easement attached to your property that you need to dispute, it’s best to work with someone who’s familiar with this area of law. You must take swift action to correct the issue so you won’t have to deal with the issue any longer.