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Easements

Understanding Easements: How They Affect Property Ownership

Introduction

When buying a home, most people focus on location, price, and condition—but what about easements? Easements can impact how you use your property, and in some cases, they might even allow someone else to access part of your land. Whether you’re buying or selling a home, understanding easements is essential to avoiding surprises down the road. Here’s what you need to know.

What Is an Easement?

An easement is a legal right that allows someone else to use a portion of your property for a specific purpose, even though you still own it. Easements can be granted to neighbors, utility companies, or government entities, depending on the situation.

Common Types of Easements

1. Utility Easements
These are the most common and allow utility companies access to maintain power lines, water pipes, or cable lines. You might not even realize your property has one until a title search reveals it.

2. Private Easements
Sometimes, a neighbor may have the right to cross a portion of your land—such as for a shared driveway or private road—especially if it’s the only way for them to access their own property.

3. Public Easements
These allow local governments to access land for things like sidewalks, drainage systems, or road maintenance.

4. Prescriptive Easements
This happens when someone has used a portion of your property without permission for a long period and gains legal rights to continue doing so.

How Easements Can Affect Property Ownership

  • You May Have Limited Control: If there’s an easement on your property, you can’t prevent the authorized party from using it as specified in the agreement.
  • They Can Impact Property Value: Depending on the type of easement, it may lower property value, especially if it restricts future development.
  • They Can Complicate Renovations: Planning to build a fence or extend your driveway? An existing easement may limit where you can build.

How to Find Out If a Property Has an Easement

Easements are recorded in public records, so they usually appear in a title search when you buy a home. That’s why working with a trusted title company is key—they’ll uncover any easements that might impact your property rights before you close on the deal.

Conclusion

Easements aren’t necessarily deal-breakers when buying a home, but they are something you should be aware of before making a purchase. Knowing how they work can help you make informed decisions and avoid potential issues down the road. If you’re buying or selling a property and need expert guidance on title searches and easements, contact All Seasons Title today!

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