Easement

An easement in real estate is a legal right granted to a person or entity to use someone else’s property for a specific purpose, without possessing the property outright. Easements allow for the passage of individuals, utilities, or other entities across or through the property owner’s land, providing access or services that would otherwise be difficult or impossible.

There are several types of easements:

1. Right-of-Way Easement: Grants someone the right to pass through the property, typically for access to a neighboring property, public road, or utility lines.

2. Utility Easement: Allows utility companies to install and maintain utility lines (e.g., water, sewer, electricity, gas) on the property.

3. Driveway Easement: Permits access to a property through a shared driveway or access road.

4. Conservation Easement: Limits development or certain uses of the property to preserve its natural or historical features, often in exchange for tax benefits.

Easements can be created in several ways, including by express agreement between the property owner and the party benefiting from the easement, by necessity (e.g., landlocked property requiring access), or by prescription (continuous use of the property without permission for a specified period).

It’s important to note that easements can affect the use and value of a property, as they restrict the owner’s exclusive rights to the property. Before purchasing a property, buyers should review the title report and survey to identify any existing easements and understand their implications. Similarly, property owners granting easements should carefully consider the terms and potential impacts on their property rights. Easements are typically recorded in the property’s deed or with the local land records office to provide notice to future owners and interested parties.