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How does an easement affect the owner’s use of the property?

On Behalf of | Jan 30, 2025 | Real Estate Law |

Buying a property is an exciting time for anyone, but it’s one that comes with great responsibilities. One of these is doing their due diligence, including checking for the presence of easements. An easement is a legal right of one party to use another party’s property in a specific manner. For example, an easement can be given to a utility company to run lines, or to a neighbor if they need to go through the property to get to their own property.

The terms of the easement are spelled out specifically, including what part of the property can be used and how the other party can use it. It’s critical that anyone who sees an easement on the title to their property understands exactly what’s allowed and how it will impact them. 

In gross versus appurtenant

An easement in gross is one that’s an agreement between the current owner and the other party. These are personal matters that don’t transfer with a change in ownership, so it’s not included on the title.

An appurtenant easement is more formal, so it transfers with the land from one owner to the next. These easements are included on the title of the property. 

A person who’s considering a property purchase should ensure that they do their due diligence so they understand their responsibilities with the property. Because easements can have a big impact on the way the property can be used, it’s critical to understand the specifics before the purchase is completed. It’s typically best for people facing these situations to have someone on their side who’s familiar with what these terms mean.