Understanding Easements

When purchasing property, make sure you understand the nature of and are aware of any easements existing over the property you wish to purchase. Easements can be very standard and actually benefit the property, but sometimes the existence of even a standard easement may make it impossible for you to make improvements or alterations you had planned.

An easement generally involves one property owner granting certain rights over part or all of his or her property in favor of another (usually adjoining) for a designated purpose. Examples of common easements include easements for rights of way; a right to drain water, storm water or sewage; and utility easements – telephone, as or electricity supply.

If two neighbors decide that one will grant an easement in favor of the other, it is vital that the document is properly drafted, signed and recorded with the office of the County Recorder in which the property is located.

Principal Terms of An Easement Agreement

• Exact nature, terms and conditions of easement(s).

• Exact area which is subject to the easement.

• Price (consideration) if any, to be paid by the party receiving the benefit of the easement.

• Timing – when the easement is to be granted.

• Who pays the legal, surveying or land transfer cost.

• Confirmation that the easement stays with the respective properties forever and that the easement document includes subsequent property owners and heirs.

However, some easements don’t have to be in writing. Examples of such easements include prescriptive easements, which can result from continuous use of property, without permission of the owner, over a period of time.

If your neighbor had made a practice of crossing your property to get to his property for at least seven years, and you knew about it but did nothing to prevent it, he/she could acquire an implied easement to continue to do so.

Ownership rights of property can be imported by an easement, but the public and/or private parties benefit from the affirmative use of land for roads, power lines, etc. Due to the additional freedom of movement the easement generally does not offset marketability.

The Amstadter Team can provide you with a preliminary title report plotting the easements on your property in question. Just email us your request to: info@AmstadterTeam.com

Remember, every situation is different. If you have any concern about your rights as an owner or purchaser, you should consult your attorney.

For a printable version of this report click here

Acrobat Reader is required for viewing PDF files. if you don't have it click here to download a free version.