Understanding easements

On Behalf of | Mar 7, 2022 | Real Estate Law |

When a person is purchasing property, he or she may not realize the importance of understanding whether there is an easement on it. An easement allows a person to use another person’s property for a certain purpose and it can involve a large part of the property or only a section of it.

Creating an easement

There are two types of easements. These are called an easement in gross and an easement appurtenant. An easement in gross is provided to a person or a company for a specific purpose and if the property is sold, the parties must create a new easement agreement.

An easement appurtenant is an easement that is attached to the land, not a person. One example is a right-of-way easement, which allows a person to pass through the property to reach another location. These easements pass with the property when it is sold or transferred.

Easements are often created through a transfer in a deed, but can also be created if a court finds that one exists based on the circumstances. This may be because of the property’s prior use or out of necessity.

Terminating an easement

An easement may terminate in several ways. For example, if an easement was used for temporary access and that access is no longer required, the easement will terminate. It can also terminate when the easement holder releases his or her right to the easement in writing.

If the easement is abandoned or if it is condemned by a public authority, that can also terminate it. If a property owner or a prospective buyer needs guidance about easements, an experienced real estate attorney can help.