Purchasing real estate is a major investment, so it’s critical that anyone who’s doing this has a complete understanding of what they’re buying. One thing to look for is the presence of an easement.
An easement is a legal right that allows someone else to use a part of the property for a specific purpose. This doesn’t change the ownership of the land, but it can limit how you can use the land.
Typically, an easement runs with the land, which means it’ll stay in place even if the property is sold. There are different types that are used, so it’s critical to learn a bit about the type that’s attached to the property.
Types of easements
An easement appurtenant involves two pieces of land. One is the dominant estate that benefits from the easement, and the other is the servient estate that bears the burden of the easement. Shared driveways are a common form of this type of easement.
An easement in gross benefits a person or company rather than another piece of land. Utility companies often have easements in gross so they can run power lines or water pipes across private property.
A prescriptive easement happens when someone uses part of your land openly, continuously and without permission for a certain number of years. Over time, they might gain a legal right to keep using that part of your property.
An express easement is created by an agreement, usually written into a deed or other legal document. It clearly describes what the easement allows and where it’s located on the property.
An implied easement exists without written agreements. For example, if two properties were once part of a larger piece of land, and one needs to cross the other for access, the law might recognize an implied easement.
Determining how the easement will affect property ownership is important for anyone in this position. Discussing the matter with someone familiar with these situations may be beneficial.
