Wholesale marketplace for vacant land & cheap houses.

Articles

Published on Friday, November 27, 2015 by Land Century

Before you purchase a piece of property, there are several things that need to be considered. Property easement is one of those things.

For those who are unaware, an easement is the legal right to use another person’s land for a specific purpose. For example, the electric company may have an easement to run electrical wires across your property. While you may be the owner of the property (your name is on the deed), the electric company will have the right to use a portion of your property for its lines.

Easements will not change when the property is sold. Any subsequent owners of the property will be required to allow whoever owns the easement to continue using the property. There are a variety of different easements that land may have.

Types of Property Easement



Private Easement

Property owners may sell a private easement to someone else. The easement may be used for sewer access, or as a path or driveway. It’s not uncommon for private sewer easements to be sold when a house is built up hill, so pipes running from the home to the street can slant properly.

If you’re considering land with private easements, it’s essential to get copies of the actual easement documents. This ensures that you fully understand where the easements are located and what uses are permitted. Some private easements can cause issues. For example, if your neighbor is granted a solar access easement, you may be severely limited as far as what you can build or grow on your property because you will not be able to block sunlight to your neighbor’s solar collectors. Without knowing the terms of such an easement, it could be very easy to interfere with these rights and face legal issues as a result.

Utility Easement

Utility easements are the most common type of easement found on properties, and they are typically given in writing to the city or utility company. In some cases, utility easements are described in a property deed or the title certificate. This type of easement typically does not have much of an effect on the property on a day-to-day basis. You can do pretty much anything you want with the property provided that it does not interfere with the utility company’s easement rights.

Utility company will be able to tell you where utility easements are located on your piece of land. You also have the option of visiting the county land records office and asking the clerk to show you a map of easement locations on your property. In addition, you can also determine the location of these easements through a land survey.

Prescriptive Easements

Prescriptive easements are typically created when another person requires the use of your property for access, such as a shortcut, driveway or beach path. This type of easement can be acquired by using another person’s property openly and continuously for an extended period of time. Each state has its own required length for a prescriptive easement be granted, but is typically 10 or 20 years.

If you don’t mind other people using your property, but do not wish to give them legal right to do so, you can avoid a prescriptive easement being granted by offering written permission to use the property. For example, if you give your neighbor written permission to park on your property, your neighbor will no longer be able to claim an easement by prescription because he or she is no longer a trespasser.

Easement by Necessity

An easement by necessity is typically not written down, and is usually granted when it’s absolutely necessary to cross another person’s land for a legitimate purpose. For example, if you need to cross someone else’s land to access your home, an easement by necessity may be granted. If the only way to access a piece of land is by crossing through your property, the law will recognize an easement and allow others to access their property by crossing over your land.

If a piece of land is subject to this type of easement, you will not be able to interfere with your neighbors legal right to cross your property to access theirs.

Easement Creation

In most cases, easements are created by transference in a deed, or they may be granted through a contract or will. Like any other interests in land, the easement must be documented, signed and delivered properly. In extreme cases, a court will create an easement by implying the easement already existed based on extenuating circumstances. While most easements are permanent, there are certain circumstances were easement rights may be granted for a limited duration. A great example of this is when a home or other structure is being built. The property owner may grant their neighbor access to their land until construction is completed.

Avoiding Easement Disputes

As a land owner, you do not have the right to interfere with a legal easement. Let’s say the electric company strung wires across your property and has been granted the right to do so, you are not allowed to take down these wires or block the path of these wires. Interfering with an easement can make you liable to the owner of the easement for damages, and you may be ordered by the court to stop interfering.

If the court determines that you, as a property owner, are unduly burdened by a granted easement, the easement owner’s use of the property may be restricted, or the easement may be extinguished altogether.

When buying land, it’s important to understand what type of easements are on the property, and who owns them. You also want to make sure that you obtain copies of the actual easement documents, so you understand exactly how the property can be used. If you find yourself facing a legal dispute over easements or believe someone is using your property inappropriately, it’s beneficial to consult with a real state attorney who has experience with these types of cases. Easement laws can be complex, and you want to ensure that you have a legal professional that understands the laws guide you through the process of defending or asserting a claim.
Share this Article
New Construction Project for 56 Unit Townhomes in Titusville, Florida

EXECUTIVE SUMMARY 5.54 ACRES / R-3 ZONEDLocated on 5.54 acres in the heart of The Beautiful Overlooking the Indian River City of Titusville, Florida. 4.178 acres zoned R-3 (Residen...

Featured Listings

7.81 Acres
Arkadelphia, AR
1.7 Acres
Poughkeepsie, NY
35.1 Acres
Model, CO
0.23 Acres
Cape Coral, FL
1995 Sq.Ft.
Corning, CA
1 Acre
Willcox, AZ
0.3 Acres
Shelter Cove, CA
1.68 Acres
Sanders, AZ
0.23 Acres
Coldspring, TX
5 Acres
Blanca, CO
Waterfront Liquidation - Own Waterfront Lot Today! Tennessee's most popular camping place!

ENJOY WATERFRONT PROPERTY FROM ONLY $12,800Camping is one of the most America activities you can do. One of the most beautiful places we visited is located minutes away from Tennes...

Live Your Dream: Start Your Own Business With Perfect Package! 260 Arizona Lots Ready for Land Wholesaling Opportunity! Buy & Flip with LandCentury.com Network!

Western Paradise location offers up to 500% profit potential The easiest way to start your land flipping businessWe give you the platform, you earn the rewardsLandCentury, one of A...

Featured Profiles

Verified Wholesaler

Land Century, LLC

Verified Wholesaler

GreenBridge Holdings, LLC

Verified Wholesaler

Harris Investments, LLC

Verified Wholesaler

BuildFortune, LLC

108 ACRES OF LAND NEAR EAGLE LAKE, MAINE IS READY FOR YOU!

We have an exciting opportunity to own land near Eagle Lake, Maine. 108 acres parcel of beautiful, untouched stretch of natural forest is located in New Canada, Maine near Eagle La...

Great development opportunity in The Enclave at The Palms, Northern Belize!

The Enclave at The Palms is a residential subdivision located in the Corozal Province in Northern Belize. This part of the country is very popular with expats, and The Enclave is l...

Be Smart, Live Well in North Port, Florida! Great opportunity!

North Port, Florida, is the place you have been waiting for. One of biggest city in Sarasota County, North Port still feels more like a small town and people hope to keep it that w...

120 acres for sale in beautiful Sierra Blanca, TX

Have you ever imagine yourself in the role of Texas cowboy in popular western movie? Where is just you, desert and wild nature? Or you were dreaming of build your own big rancho wi...

Unique Development Opportunity in Butler Bay, St. Croix, United States Virgin Islands!

Do you believe that dreams come true? That there is paradise on the Earth? That there is a place where you can escape from cities and just enjoy nature how it is?One of this places...

What are Tiny Houses and Are They Worth It?

Tiny houses are taking the world by storm. A lot of people are selling their larger homes and building or purchasing a tiny home. And they’re saving a lot of money in the process...

Featured Listings

7.81 Acres
Arkadelphia, AR
1.7 Acres
Poughkeepsie, NY
35.1 Acres
Model, CO
0.23 Acres
Cape Coral, FL
1995 Sq.Ft.
Corning, CA
1 Acre
Willcox, AZ
0.3 Acres
Shelter Cove, CA
1.68 Acres
Sanders, AZ
0.23 Acres
Coldspring, TX
5 Acres
Blanca, CO
How Much Does It Cost to Build a House Yourself?

Imagine being able to build your dream home with your own two hands. As romantic as it sounds, building a home takes a great deal of time, work, dedication and skill. But if you ha...

What are Real Estate Investment Trusts and How Do They Work?

When it comes to real estate investments, you'll see a lot of people talking about REITs, or real estate investment trusts. Some people call them "real estate investment stock."The...

Featured Profiles

Verified Wholesaler

Land Century, LLC

Verified Wholesaler

GreenBridge Holdings, LLC

Verified Wholesaler

Harris Investments, LLC

Verified Wholesaler

BuildFortune, LLC

Business Ideas for Vacant Land - How to Create Income Producing Assets

Vacant land can become an income producing asset. Land is valuable, and while land may be most valuable when a structure is built on it, this doesn't mean it can start producing in...

How Blockchain Could Change the Real Estate Industry

You've heard of cryptocurrencies – unless you've been living under a rock – but you're not sure how they work. Bitcoin, the world's largest cryptocurrency, is run on what's cal...

What Does the Right of Refusal Mean in Real Estate?

The first right of refusal in real estate is a provision an agreement or lease that gives a potentially interested party the right to buy the property before the seller negotiates...

Avoid Being Scammed on Craigslist and eBay When Buying Property

Just about anything you can imagine can be bought and sold on eBay and Craigslist, from old toasters to vintage record collections, and yes, even property. While these sites have c...

How to Get into Commercial Real Estate Investing & What You Need to Know

When you think of real estate investing, commercial property is usually the first thing that comes to mind. After all, commercial development is where the money is at. As lucrative...