What Are My Rights and Obligations Under an Easement?

It's important that an individual who is considering to purchase any property to understand any easements that apply.

The following are the main types of easements out there and some basic information on the rights and obligations they entail:

  • Right of way: This type of easement simply requires the property owner to allow people to pass through the property to reach another destination. In some cases, a right of way on a property may require the property owner to allow anyone to pass through the property. In other cases, the right of way easement might only require that the property owner allows particular individuals, such as residents of a gated community, to pass through.
  • Easement of support or utility easement: This type of easement requires that the property owner allows a particular utility company or maintenance personnel employed by the government to access the property. While this type of access is generally considered to be in the best interest of the entire community, it can also be very intrusive. An easement of support could allow a utility to excavate and dig up a portion of the property in question to lay utility lines, for example.
  • Private easement: The previous property owner may have sold rights to another individual to access all or parts of a property. If this is the case, any future buyer will have to own this private easement unless the easement holder gives it up or sells it back to the original owner or a future buyer.
  • Easement by necessity: An easement by necessity is an easement that the public or residents of a particular community may hold because there is no other way to get to a particular destination or roadway than to pass through a property. Though much similar to a right of way easement, an easement by necessity may not necessarily be specified in writing.

In sum, easements give an easement holder the right to use or to prevent the use of property he or she does not own or possess. If you are an individual or a business looking to purchase property burdened by an easement or determine the nature of a property interest, seek the legal assistance of a real estate lawyer/attorney from Fakhouri Law Group. From business planning to real estate transactions, we have a skilled team to help you with your needs. Contact us today for a consultation.  

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