In real estate, an easement gives an individual or company the right to use some of your land for designated purposes. It’s important outline an easement in the property deed. However, disagreements about easements are not uncommon. This can result in inconvenient disputes and lengthy lawsuits.
Before drafting an agreement, it’s beneficial to have a basic understanding of the different types of easements, which include:
- Public easements: The main goal of a public easement is to benefit the public. Usually, in this case, the easement holder is a utility company or local government. Designated use for the land could sidewalks, roadways, parks or waterlines.
- Private easements: On the other hand,private easements involve private parties. This could be a property owner who has a driveway or fence line that stretches onto your land.
- Express easements: An easement becomes a permanent part of the deed after the two parties put it in writing. Sometimes the agreement is temporary. Otherwise, the easement usually travels along with the sale of the property.
- Implied easements: Again, looking on the reverse side of things, there are two types ofimplied easements. The court will consider easement by necessity,which meansa part of the property is landlocked, therefore the use is valid. Easement by prior use means just like it sounds: A property owner can gain the right to an easement if they openly used the land for a long period of time.
Real estate easements can get very complex. Property owners are not always aware of the details, and sometimes they are not even aware of an easement’s existence. Creating easements agreements can be complicated as well. It’s important for both the buyer and the seller that all the details make it into the deed.