The Term Easement Explained

The Term Easement Explained

All land must have access.  No property can be landlocked.  So what happens when the land around the landlocked property isn’t owned by the same person?  If there is no other way to access the landlocked parcel then the owner of the adjacent property must give an easement so the landlocked property can be accessed.

The “short” version, according to Land Central blog, “an easement is the ‘legal right given to another person or entity to use land owned by someone else.”

There are several types of easements. Probably the most common occurs when a utility provider has lines across a property. They must have an easement to bury these lines and an easement to access them. Those easements are usually in place before you ever buy the property. No, you did not say that they could, but due to the nature of their business, you don’t get a choice because those lines are there for the public good.  If you try to do anything about it the government has the right of eminent domain, which is the right to take land for public good.

If you share a driveway with your neighbor, you should have an easement in place to do so.  If you cross someone else’s property to access the lake, you should have an easement in place to do.  The easement makes it legal and official.  It ensures you can continue to do so.

When buying property we may not find out about an easement until the Title work is done, at which point we can discuss what type of easement we are dealing with, what it means to you, and what could possibly happen if you are to go forward with the transaction.

Do you need a real estate broker who is knowledgeable enough to look out for things like this that could adversely affect the sale or purchase of property and who will protect you in the process?  Call me, Jill Bell, at 479.799.3023.

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