Easements are common in the real estate world, but not something that comes up at most dinner conversations.  Buyers usually discover that a property they are interested in has an easement when looking at a plat or from the title company after a title search.  While the language associated with an easement can sound scary, most of the time, easements are present for practicality purposes.

What is an easement?

As a Realtor® in Locust Grove, I often come across easements.  An easement is a legal term that gives permission for other named people to use a homeowner’s land that is designated in the easement.  In other words, it allows specific individuals to access a piece of your property for a specific purpose.  Easements are attached to the property and not the owners.  This means that the easement will not end if a homeowner moves out of the property.

Wait…what? 

You may be thinking…I am not interested in allowing others on my property.  Easements are not a free for all for anyone to do anything they want on your property.  Instead they are put into place to benefit the community at large.  However, if you are considering purchasing a property with an easement, it is important that you are aware what the specific easement is and how it may affect you.

Some properties have easements in place so that the electrical company can access the lines that run on the property without having to obtain consent from the homeowner before beginning repair work.  Others provide the ability for a home behind your to have access to the road through a driveway.  Below are the common types of easements in real estate.

Utility Easement

  • Created through state or local law, these easements give workers for utility companies the ability to access your property for repair or improvements.  This applies to electricity, sewer, water, cable, or internet companies.  These easements are commonly seen on all properties whether you live in a neighborhood like Wilderness Shores or in a more rural setting.

Easements by Necessity

  • These easements are created when an individual needs to have access to your property.  For example, sometimes properties can become landlocked.  This means that the property is surrounded by other private properties and doesn’t have direct access to a road.  Easements by necessity give the landlocked property owners a right to access your property so they can get to the road.  Typically this means that a driveway can be constructed on your property to give the other access to the road.

Private Easements

  • Sometimes two property owners may come to an agreement about the use of each other’s land through an easement.  For example, one owner may grant another permission to access the property to hunt.  They may legally create an easement that gives permission for the property to be used in such a manner.

Should I buy a home with an easement?

Some easements, like the utility, should not deter you from purchasing a home.   However, if a home has an easement that makes you uncomfortable, like one that provides an access path to the nearby playground through the edge of your yard, it is important for you to be aware of it before you continue the home buying process.  The length of time that an easement is legally in place an vary too. Most are tied to the property and stay in place even if the homeowner changes. Others, like agreements between two individuals, may have a time frame. Local court records or a title company are two places that you can do some research at about the property and its easements before you make an offer.