If you are planning to purchase real property, it is important to research whether any property that inspires your interest is affected by one or more easements. An easement is a legal right that allows someone to use another person’s land for a specific purpose. Easements are especially common when landowners need access to certain resources or areas located on neighboring properties.
Easements can impact property value and usage, making them important considerations in property transactions, development and ownership disputes. Understanding easements can help landowners and prospective buyers make informed decisions about their rights and responsibilities accordingly.
Types of easements
Easements are generally grouped into two main classifications:
- Appurtenant easements: This type of easement benefits a neighboring property and is “attached” to the land. It typically involves two properties: the “dominant estate,” which benefits from the easement, and the “servient estate,” which grants the easement. For example, if a property is landlocked, an appurtenant easement might grant the owner the right to cross over a neighboring property to access a road. Appurtenant easements remain attached to the property, meaning they transfer with ownership changes.
- Easements in gross: An easement in gross benefits an individual or entity rather than a specific parcel of land. Utility companies, for example, often hold easements in gross to install and maintain power lines or pipelines. These easements grant access across a property without attaching to the land, and they do not automatically transfer with property ownership.
With that said, these two broad classifications do not fully reflect the fact that easements come in various forms, serving specific purposes depending on the needs of the dominant party. Common examples include:
- Right-of-way easements: Allow one party to cross another’s property to access roads or water sources.
- Utility easements: Grant utility companies the right to install and maintain infrastructure like power lines, water pipes and gas lines. These easements are generally non-intrusive but must be respected by property owners.
- Conservation easements: Restrict certain types of development or land use to preserve natural resources. These easements benefit the public or environment rather than a specific individual or business.
Easements can significantly impact a property’s value and use, so understanding them is important for buyers and sellers alike. Easements often come up in title searches, and buyers should be fully aware of any easements affecting a property before closing. Having experienced legal guidance can help clarify the terms and implications of any existing easements, better ensuring that property rights and responsibilities are clearly understood.