What is a property easement? | AFX

What is a property easement? | AFX


So what is a property easement and how
does it affect real estate and property title this is
Dave at titlesearch.com an easement is a very specific type of
property right it allows use a property or maybe
prevention of use of property but not ownership of a parcel there’s three basic types of property
easements there’s an easement in gross there’s an
easement appurtenant and prescriptive easement so how does
this work let’s say that this is the road and here’s two pieces of real
estate if you own this property you have no way of getting to your
parcel because the road doesn’t connect to that
piece of real estate so what you have to do is get an easement across this parcel to get to your land locked property in most counties it’s required that every legal parcel that is used for
residential commercial use have access to a public road so in order
for this parcel to be viable this easement has to exist as
negotiated with the owner of the parcel along the
road so if you have an easement across your
property that easement allows this user to use that
part of the property for particular use another common example of an easement is
for utilities utility lines may need to go across one
property to get to another it maybe power lines maybe sewer pipes for
water pipes even things like cable TV need an
easement to get from one property to another easements can be specified
on a deed it can be specified an easement document
they can also accrue from continued use so let’s say for
example there’s a path that goes across a
property to get to a school where the kids cut through every day to get to school rather than going
around the block if that path is used long enough without interruption it may become an easement
just by continued use that path different counties have
different rules on how long has to take it’s one of the reasons why if you’re
driving by a downtown area and there’s a office building in there’s public steps
to go up to the building once a year you may find that commercial
property owner put yellow tape across those stairs and they
document it so people aren’t using those stairs everyday that way a prescriptive easement is not
created for that property it’s not typically part of
a land record to have easements you won’t find them
normally in deed books or in lien books you may find them in the
zoning office you may find them in the Assessor’s
Office so make sure that if easements are important thing you need to know
about on a property that you have the search done correctly
to incorporate those into the report if you have more questions about easements for
how they affect real estate we have two web sites you might be interested in
one is called easementsearch.com or our main website at titlesearch.com

3 thoughts on “What is a property easement? | AFX

  1. We bought a lot to build on from a company. That company we bought it from built on the lot next to ours about two years ago and sold that house. So we go to tap the sewer and turns out that the neighbor's sewer line is on the other side of their house and the builder tapped their's onto our designated tap. Not quite sure how things will shake out but what happens if the guy/builder we bought the lot from refuses to remove it?

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