Real estate easements can sometimes lead to property use and access disputes. It is also important to consider how they work during a transaction, when a property is being purchased or sold.
Every situation is unique, and easements can be used for many different purposes. But below are three questions to help shed some understanding on the topic at this crucial time.
Does an easement pass from one owner to the next?
Yes, in some cases. An easement appurtenant, for example, is the type that “runs with the land.” Even if that land is sold to a new property owner, the easement is part of the property itself and still needs to be upheld after the transaction.
Can someone else permanently occupy the land?
No, an easement generally gives another party the ability to access the land, such as when two people have a shared driveway. But that third party is not allowed to permanently occupy the real estate, and they cannot make any significant alterations, such as building structures on the land.
Why are easements used?
Easements are often used to grant access. As noted above, a shared driveway may be used, especially if one plot of land is cut off from the main road. But easements are also used by utility companies and some government entities. Utility providers may have an easement allowing them to work on the land when running lines for electrical services, for example.
Easements can be complex, and disputes sometimes arise when parties do not agree on how they should apply. Those involved in such disputes must know what legal options they have.