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What is an easement in real estate?

| Aug 31, 2020 | Residential Real Estate |

When you purchase a property, you must do your due diligence. One thing that you should ensure you check for is the presence of an easement. In the simplest of terms, an easement means that there is someone else who is going to have access to your property for some reason.

There are many types of easements that can be attached to a property. They are classified by what type of access is being granted and to whom the access is granted. There are three common types of easements of which you should be aware.

  • Condos or homeowners associations may have easements that allow them to own the public property that the residents can use.
  • A utility maintenance easement is one that allows lines, cables or pipes to be run on the property.
  • A right-of-way easement provides a property owner with the right to access their property through another person’s property. This is common for driveways or paths that lead from a main road to a home or a public space.

On top of the three types of easements, there are two lengths of easements. One is an “in gross” easement, which is only granted to a specific individual or entity. The other is an “appurtenant” easement, which transfers from one owner of the property to the next.

Easements can sometimes be tricky to handle. If you’re concerned about one on your property or real estate you want to purchase, you should work with a real estate attorney who is familiar with them. That allows you to learn about your options and how you might deal with this matter.