Anyone purchasing real estate must do their due diligence to ensure they’ll be able to use the property in the manner they intend. There are several factors that can alter the ability to do this. One factor is the presence of an easement.
An easement is a legal right for a non-owner of the land to use it in a specific manner. The exact rights that the easement grants depend on the type of easement that’s present.
1. Right of way easement
A right-of-way easement allows someone to pass through another person’s land. This is typically used for access to a road or pathway. For example, if a neighbor’s property is landlocked, they might have a right-of-way easement across another person’s property to reach the main road.
2. Utility easement
Utility easements are very common and allow utility companies to run power lines, water pipes or sewer lines through a property. Even though the land belongs to the owner, the utility company has the right to access and maintain their infrastructure, sometimes requiring them to dig or make repairs.
3. Easement by necessity
An easement by necessity is granted when a piece of land is completely inaccessible without crossing another’s property. This type of easement is often created when a larger piece of land is divided, and one of the new parcels is left without access to public roads.
4. Prescriptive easement
A prescriptive easement is established when someone uses part of another’s property openly, continuously and without permission for a certain period of time. If the use goes uncontested, the user may eventually gain a legal right to continue using the land.
The presence of an easement can greatly impact property value and use. Anyone who’s considering purchasing a property that has an easement attached should learn exactly how the easement will impact them before they close on the property.
