Easements on real estate cover very specific situations. They enable a non-owner party the right to use a portion of the property for a certain use.
It’s important to understand exactly what an easement does so you can ensure that your property is only being used in an acceptable manner. When there is an easement on your property, you still own the property and the person who has the easement can’t infringe on your right to use the land.
Easements attach to land or people
Some easements, known as easements in gross, are between people or entities. For example, a utility easement usually falls under this category. The agreement is between the homeowner and the specific utility company. Other utilities would have to get their own easements with the homeowner.
An appurtenant easement is one that’s attached to the deed of the land. This type of easement goes with the land from one owner to the next forever. Because of this, it’s important to check for easements if you’re going to purchase a property.
It’s also possible that an easement will be assumed to be present by necessity. For example, if someone buys a bit of property that’s completely surrounded by other people’s property, it would be assumed that the individual would pass through another person’s property to get to their own.
There are times when easement disputes are necessary to get the situation figured out. Making sure that you understand your rights and what options you have regarding the easement is critical. Working with someone who’s familiar with these matters is beneficial.
