Understanding who owns a piece of land and how that relates to you as a new homeowner or a potential investor can prove daunting. A common term you may come across is “easement.” As intimidating as it sounds, understanding what it is all about is very important. If easements are a new concept to you or you simply want to learn more about how they affect property ownership, this guide explains what an easement on a property is and why it matters in 2025.
Defining Easements
Let’s understand, “What is an easement on a property?” An easement is the right to use part of another person’s land for a specific purpose. This right does not involve ownership but permission to perform some act or rights of entry. There are many different kinds of easements that you might encounter or need, such as those for the installation of utilities or the creation of access paths.
Types of Easements
There are different kinds of easements, and each has distinct objectives. Knowing these differences makes it easier to recognize their significance.
1. Appurtenant Easements
These types of easements are tied to a specific piece of land. They are considered to run with the property and are transferred with the title upon sale. A common example is an easement across a neighbor’s property that provides access to a driveway; such an easement stays when one property or the other is sold.
2. In Gross Easements
Unlike appurtenant easements, easements in gross are attached to a person or an entity rather than benefiting a specific piece of land. These rights are commonly used by utility companies to access power lines or pipes. Such easements do not run with property sales.
3. Prescriptive Easements
Prescriptive easements, on the other hand, are based upon continued, open, unauthorized, and unchallenged use of the land of another for a long period. A prescriptive easement might be claimed if property owners permit others to cross their property with no objection for several years.
4. Negative Easements
An easement on a property imposes legal restrictions on what owners can do with their land if those actions could negatively impact adjacent properties. For example, local zoning may limit building heights to maintain views of scenic spots.
5. Implied Easements
Implied easements arise due to the existing relationship between the land and the historical pattern of property use. For example, an implied easement might exist if a property owner sells part of his land but still needs access to a public road across the sold portion. This situation needs further investigation to determine the existence and scope of any implied easement.
5. Easements by Necessity
When a property does not have legal access to public roads, easements by necessity apply. This type of easement allows owners to access their land, regardless of the need to traverse the land of another.
Agreement
An easement may be terminated or released through a mutual written agreement between the owner of the dominant estate (the parcel of land that benefits from the easement) and the owner of the servient estate (the parcel of land subject to the easement). It is crucial to put this agreement in writing to avoid a contest later.
Property Value
The effect of an easement on a property can be either positive or negative for its overall value, depending on location, purpose, and implementation. For example, a driveway easement can improve property access and thus increase its value. On the other hand, utility easements could limit development and thus decrease value.
Legal Disputes
Easements come with layers of complications, and disputes can arise if terms are vague or boundaries are unclear. This is where seeking the advice of legal professionals can help sort these matters out.
Digital Documentation
Easement agreements are increasingly being made in digital formats, ensuring that you can access them without much hassle and store them very easily. Such a transition eliminates paperwork, makes processing easier, and provides higher transparency.
Online Resources
There are many online resources available that provide important information about easements to homeowners and investors alike. These resources help individuals gain knowledge of property rights and give them the tools they need to make informed decisions.
Legal Assistance
Online legal services provide easier access to expert opinions on various aspects of easements, including what type of surveyor should acquire easements. Should you require legal advice regarding an easement, virtual consultations are convenient and economical, allowing property owners to navigate complex legal landscapes with ease.
Conclusion
For a real estate practitioner, understanding an easement on a property is an essential skill. They impact the value of property, the use of property, and the legal aspects of property ownership. Knowledge of basic types, methods of creation, and their potential implications can empower individuals to navigate property ownership with confidence. With preparations for 2025 and what is still to come, make sure you are well-informed regarding easements with the latest technological advances for easement property management.
