People who are purchasing a property will have to do their due diligence to ensure the property is able to be used in the manner they intend. While some people might focus on zoning, they also need to check for easements.
Easements are a legal right that allows someone other than the property owner to use a specific part of the property in a certain way. This doesn’t transfer ownership, but it can limit the manner in which the property owner uses the property.
Types of easements
There are several types of easements, each serving different functions. The most common is the easement appurtenant, which involves two properties: one that benefits from the easement and one that bears the burden. These easements typically “run with the land,” meaning they stay in place even if ownership changes.
Then there’s the easement in gross, which benefits a person or entity rather than a property. Utility companies often hold these to run power lines or water pipes across private land. These easements allow them to place and maintain the lines or pipes as needed. Unlike appurtenant easements, these usually don’t transfer when the benefiting party sells their interest.
Some easements are written into the deed of the property, but others stem from a specific period of usage by the non-owner party. It’s crucial that anyone who’s considering purchasing a property understand the exact manner in which an easement will affect their ownership of the property. Failing to do so could prove to be an expensive mistake.