An easement is a legal right for one party to use another party’s land for a purpose that’s clearly defined. The easement is attached to the land, but it doesn’t transfer any form of ownership to the party that’s allowed to use the land.
Easements are common in both commercial and residential real estate. Because of this, anyone who’s considering making a real property purchase should determine if the target parcel has any easements attached.
Types of easements
There are several types of easements, each of which serves a clear purpose in a specific manner. The two most common are an easement in gross and an easement appurtenant.
An easement in gross is used when the easement benefits a company or person. This is the type of easement that utility companies use if they need to route pipes or lines through a person’s property. The utility company will need the easement to install and maintain the lines or pipes, so this easement will typically remain in place as long as those are still actively being used.
An easement appurtenant is one that benefits another piece of land. This is common if there’s a landlocked property that’s not accessible through any means besides going through another party’s property. This is common for shared driveways or access to public lands that require going through someone else’s land.
Anyone who’s considering a real estate purchase should ensure they understand any easements that are attached to it. It’s best to work with someone who can assist with reviewing all documents to ensure the purchaser has a complete understanding of the property’s terms.
