Purchasing real estate is something that’s a major investment, so it’s best to do your due diligence before you make the purchase. One thing that you need to check for is the presence of an easement on the property.
An easement is a legal right of a non-owner to use another person’s property in a specific manner. This doesn’t grant the non-owner any ownership claims to the property. The exact usage and what’s allowable depend on the type of easement and the terms set by it. There are several types of easements that can be attached to a property.
Types of easements
Utility easements are among the most common and allow a utility company to access the land so they can maintain or repair lines for water, electricity or gas. While these rarely interfere with day-to-day use, they can limit where you build or what you plant.
A private easement might grant a neighbor the right to use a portion of your land, like a shared driveway. These agreements are usually recorded with the property and may continue indefinitely, even if ownership changes.
A prescriptive easement, which can arise when someone has used part of your land openly and without permission for a certain period of time. In some states, this long-term use can lead to a legal right that binds future owners.
Easements are only one of the factors you have to contemplate when you’re considering a property purchase. Working with someone who can assist with each step of the process may be beneficial.