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What Are Easements?

By
Services for Real Estate Pros with TheHousingGuru.com

sewer manholeOften misunderstood, easements are powerful intrusions into real property (land). Easements grant others access to portions of your property, and if there are easements across the property you wish to purchase, you should fully understand their purpose.

 

While common easements exist across many properties—electric, gas, water, or surface drainage—their existence may grant access to others to provide service on the utility line or to maintain the flow of drainage. In such cases the authority to which the easement is granted may enter the property to make the necessary repairs, and you, as owner, must grant access. In some ways easements are like having joint ownership of a portion of your property with a complete stranger.

 

Most easements are harmless and rarely present problems for the property owner and, other than an occasional intrusion, will hardly be noticed. However, there are a few instances where the granting of an easement could allow others regular and continued access across your property. There have been cases where an easement allowed others to walk across property to reach a recreation facility or park, and even cases where driving across the property was permitted.

 

If you have questions about an easement that crosses property in which you are interested, hire a land surveyor to provide you with an up-to-date survey of the property. Such a survey should show the boundaries of any easements and will provide you with an accurate representation of the property. You can also check the local court house or office of records where land deeds are recorded to check for the existence of easements that have been filed.

 

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Judy Schneider
eXp Realty - Bellingham, WA

John,

You could not be more correct! This can be a serious issue for many home owners! It is something that needs to be disclosed to the buyer! I would also encourage anyone who is using these easements to carefully check on their right to use it,and respect the owners privacy when the easement is for a specific purpose. If they are using the easements for any other purpose it is trespassing even though there is an easement recorded! Easements are not always for public use! You would be surprised how many people are not aware of this! Common courtesy and respect for the home owner is the most important thing!  Great post!

Judy

Oct 23, 2009 03:34 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Judy - Thanks for visiting.

Oct 23, 2009 08:18 AM
Charles Perkins
Charles G. Perkins, CPA - Burien, WA

You certainly want to be aware of any easements when purchasing a property.

Oct 23, 2009 07:01 PM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Charles - Or you can get a "nasty" surprise.

Oct 24, 2009 08:22 AM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

John--You have a wealth of knowledge on so many topics.  If we werre closer I would invite you to speak at one of my classes or training sessions.  Have a good week.

Mary

Oct 25, 2009 09:35 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Hello Mary, Thank you. The reason for my knowledge is age. I've just been here long enough to experience most of the possible scenarios. : )

Oct 25, 2009 10:26 AM
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

John--I am there, too.  It is great to share that experience with others & receive positive feedback as well.  Mary

Oct 26, 2009 02:56 AM
Rita Minion
O'Brien Realty - Solomons, MD

Hello John,

What a great post!  Good information for home buyers.  Thank you for sharing! 

Rita

 

Oct 27, 2009 07:33 PM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Rita - Thanks for visiting!

Oct 28, 2009 12:36 AM