Being aware of an easement before closing on a property could make a big difference in your decision to proceed with the purchase. At the minimum, it allows you to make an informed decision.  An easement gives a person or entity the legal right to use a property they do not hold title on. Therefore, it’s essential to know if easements are retained on the home and land when buying a home. 

Types of Easements

There are various reasons for easements; possibilities range from when a utility company needed to access your property for equipment upkeep and repairs or a driveway leading to your neighbor’s property that is only accessible through your land or vice versa.

Questions to ask about easements when buying a home.

– Does the property have any easements? If so, what are they? Sellers must legally disclose easements to the property before executing the purchase agreement.

– What type of easement is in effect? Is it a public or private easement? Is the easement affirmative (allowing some action) or negative, preventing some action? Be wary of prescriptive easements permitting squatter’s rights.

 You must comply with an easement.

Understand that you must comply with the rules of an easement; if you don’t think you will be comfortable having beachgoers cross your backyard to reach a public beach, you may not interfere with the property from being accessed as stipulated.

 How can I tell if there is an easement?

Easements should be clearly marked on deeds, plats, and homeowner documents. If you plan to renovate the property you want to buy, ensure that your plans won’t interfere with an existing easement. An example of a common easement conflict would be adding a second floor or planting a tree that would block your neighbor’s view of a lake if said neighbor has an easement ensuring their view.

 Challenging an Easement

You can challenge an easement; however, you would need to challenge the easement in court, adding time and cost. There is no guarantee that you would win the right to an easement or the dissolution of one.

Fleet Title can help you understand easements and how they can affect the purchase of a home. To learn more about the services offered, visit fleettitle.com, call (772) 224-3338, or email them at info@fleettitle.com.