The Real Estate Encyclopedia
What Are Easements And What Do I Need To Look Out For?
Category - Home Ownership Questions - General Home Ownership FAQ's

By definition, an easement is an actual interest in land that fulfills the needs of one property at the expense of another property. Easements are classified as "appurtenant" or "in gross." Essentially, an easement is similar to a "right of way."

 

An easement appurtenant is a right in a servient estate that benefits and attaches to the dominant estate. Common examples of easements appurtenant are the right to travel over another property, as well as shared walls and driveways. In a condominium, your right to walk across the parking area or to have utility lines running through the walls are also examples of easements appurtenant.

An easement in gross can be utility easements, power line easements, billboard-site easements and the like. They do not benefit another estate.

When an easement or right-of-way is located by a grant and its specific width is not established, the width is assumed to be suitable and convenient for ordinary, free passage. Some of the major drivers of litigation related to easements are the initial easement grantís failure to specifically define the easement area, as well as the uses it may be assigned or defining the party, which has responsibility for its upkeep.

Due to the fact that an easement represents a benefit to the holder but a burden to the servient property, it can affect the value of the respective properties and its impact and definition should be clearly understood.

 
Category(s)
Home Buying Questions - Buying Disclosure & Inspection FAQ's
Home Ownership Questions - General Home Ownership FAQ's
Home Buying Questions - General Home Buying FAQ's
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