You purchased a new piece of real estate, and it comes with an easement. This allows someone else to access that land and use it in a specific way. For instance, utility companies sometimes have easements so that they can provide services or perform maintenance. Property owners sometimes have an easement if they need to cross the property to reach another piece of land that is blocked off from the road.
But that easement was set up while the previous owner still held the property. Now that you have purchased that land, are you obligated to uphold the easement? Or can you decide that you are not going to honor it and just eliminate it?
It depends on the type of easement
There is no one-size-fits-all answer, as it will depend on the specific situation, the type of easement in use and how and why it was created.
For instance, in some cases, the easement only benefits a certain person. This is often known as an easement in gross. You may have the option to cancel it or negotiate with the other party. The easement is not considered part of the land itself.
In other cases, though, it could be an easement appurtenant. This means that it “runs with the land” and is essentially part of the property itself. It benefits that property, not just an individual. Because it is part of the property, you do have to uphold it, and you should have been informed about the easement’s existence before you purchased the property in the first place.
Exploring your options
Easements and land use issues can often lead to disputes. Take the time to carefully look into all of your legal options at this time.
