Most home buyers don’t find it easy to understand. The term often comes up after buyers have made an offer on a home that’s been accepted, at which point a title search dredges up the easement – which is essentially the legal right for someone else to use the property for a specific purpose.
Types of easements
Easements come in many forms; here are the most common you might encounter :
Right of way – This is where a neighbor might need to pass through the property via a driveway to access the main road. Or, Property A and Property B may share a driveway. It’s primarily located on Property A’s land, but it splits and goes off to Property B’s land. The owner of Property B can get an easement, which grants him legal access to the driveway, but the owner of Property A still maintains ownership of the land itself. Other right of way easements might be for a pathway through your property to a neighborhood playground or lake.
Utility maintenance – This easement is typically granted to utility companies to run power and cable lines on a property. It’s particularly common in rural towns or newly developed cities that are tying into existing power lines.
HOAS/Condos – If you live in a condo or home managed by a homeowners association, odds are these institutions own much of the property – or at least the public areas – while residences have rights to pass through.
How is an easement created and dissolved?
Easements are created when property owners are approached for permission to use their land. If an agreement is reached, it will be set on stone with a legal document such as a deed. While the homeowner who originally grants the easement may be compensated, subsequent homeowners typically are not, although the length of an easement may vary.
Here are two main types : “In gross” means that the easement applies only to the particular person you’re dealing with at that moment, whom you have decided to let access the property. When a person sells the property, the future owner is not included in the easement particulars. “Appurtenant” is an easement that is attached to the land and therefore is part of any sale and transferred to the new owner.
An easement can be terminated if the court finds it’s being accessed beyond reasonable use, as in when it substantially interferes with the landowner. For example, if an easement has been granted for beach access, but a new highway and parking lot bring in more crowds than were intended, it can be contested in court. Since the property is owned by one person, this person typically assumes all costs for maintenance, insurance, property taxes and the like. However, neighbors may decide to share costs or duties. Although there may be an implied arrangement, it’s always wise to get the particulars down in a written document, which can help prevent sticky situations when the property is sold.
As always, consult a real estate agent or real estate attorney if you have any questions about easements attached to a property you are considering and how they will affect you.
