Homebuyers need to do their due diligence when they’re considering purchasing a home. While most will focus on things like making sure the home is the right size and that major systems are in good condition, there’s something else they need to think about – whether the property has easements.
Easements give one party the right to use another person’s land for a specific purpose. Understanding these may help home buyers to determine if an easement on a property is a dealbreaker for them.
1. Private easements
Private easements are the most common type of easement. These are attached to the land, so they transfer when the property is sold. They provide one specific party with the use of the other party’s land. For example, one neighbor being able to use a shared driveway even though it’s on the other neighbor’s land would be covered in an appurtenant easement.
2. Utility easements
Utility easements are used by utility companies for vital structures. These don’t transfer with the sale of the property, so a new easement must be figured out each time a property is sold. Pipelines and power lines on private land are two examples of when these easements are necessary.
3. Prescriptive easements
Prescriptive easements are based on an individual using the property of another person without the owner’s permission for a long time. For example, if a neighbor walks across a path in another neighbor’s yard for many years, they may be granted a prescriptive easement to continue using that path.
4. Easements by necessity
Easements by necessity occur when a property is landlocked and lacks access to public roads. The law recognizes that the owner needs a way to enter and exit their property, so an easement is granted over a neighboring property to provide this essential access.
Easements can greatly alter the use and enjoyment of a property. Home buyers should ensure they understand exactly what an easement means before they purchase a property.
