When you purchase a piece of land, it’s important to review all associated documents and understand them. Along with those documents you should look for what rights are on the property, including easement rights. The rights that are on the property will be found on its preliminary report.
But what is an easement right and what do they do?
There Are Different Types Of Easements
At its simplest, easement rights constitute someone else’s legal right to use your land for a certain purpose, like accessing a public road. They are typically already established and transferred to the new owner via the deed. There are several types of easements, including:
- Easements by necessity
Utility easement rights are the most common type of easement, used by a utility company, city, or municipality. These easements allow for repairs to be made on utility lines. Private easements are when a landowner sells an easement to someone else, like a path or driveway.
On the other hand, easements by necessity are when it’s necessary for someone to cross your land for a legitimate purpose. For example, if your neighbor’s property is landlocked and they need to access a public road, an easement can be established so they can access the road.
Finally, permissive easements are when a property owner gives permission for their property to be used by another and can be revoked at any time. For example, giving someone access to the property for the hunting season, or allowing hikers to use your private road to access a public trail more easily. In this case, landowners can erect a sign stating that there is a permissive easement.
Get Easement Documents For Your Records
In this case, it’s a good idea to get copies of the easement documents so you know what the easements are, where they’re at, and what they allow. This can help prevent you from unknowingly interfering with their purpose, like a utility company having access to a sewer line or other utility.
When purchasing a property—and even after you take ownership—understand what easement rights are present and if you should have them reevaluated. The experts at Merchant of Homes are here to help you navigate the intricacies of purchasing a property and find the home of your dreams.