An easement is a right to use another person’s land or property for a particular purpose. An easement essentially gives a legal right to a third party to use a portion of someone’s land. An area subject to an easement is still part of a landowner’s property, but it is subject to restrictions and responsibilities. A utility easement is the most common type of easement; it is granted to utility companies to construct and maintain facilities that are located on someone’s property. Easements are very common, and almost all real estate properties are subject to one or more easements. Legal issues typically arise when someone is unaware that his or her property is subject to an easement or when an easement right is misused. It is important to understand how easements are created and what your rights are if your land is subject to an easement.

Easement can be created expressly or implicitly. Two parties may expressly contract for an easement where the property owner grants the legal right to a third person to use a part of their land. An easement agreement can typically be found in documents such as property deeds, certificate of title to the property, title insurance policy, and property survey. Even if you did not sign the easement agreement, your property may still be subject to an easement that was formed by the previous owners of the property. When buying a home or property, it is critical to review the property documents to see whether the property is subject to any easements. Be aware of who specifically has a right to use the easement and the exact location of the easement. Also, sometimes you may negotiate to have the easement right be removed from the property deed. To understand your full rights regarding easements agreements when purchasing property, it is best to seek advice from an attorney.

If you already own a home, you may want to review your property documents to see if your property is subject to an easement. Furthermore, by understanding the boundaries of the easement, you can protect the other areas of your property while making sure not to obstruct the easement holder’s rights. If the use of an easement is obstructed, the easement holder has a right to seek legal action against you. Therefore, understanding the boundaries of the easement can be an important preventative measure against liability.

Implied easements may also be created. Implied easements typically arise if it is necessary for an adjacent property owner to come and go from their property; this is called a right-of-way easement. A right-of-way easement usually cannot be removed especially if a local government determines that it is necessary for the property owners to use the easement to be able to fully use and enjoy their property.

Easements are legal rights that can be a benefit to the easement holder and a burden to the property owner that is subject to the easement. It can also affect the value of someone’s property. Therefore, it is advisable to be fully aware of any easements that your property is currently or will be subject to in the future. If you are buying property that may be subject to an easement or if you are interested in obtaining an easement, it is advisable to contact an attorney for a more detailed understanding of your rights and privileges.

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