Prior to signing the purchase agreement for a new property, it is typical for buyers to discover an easement on the title abstract that they were not aware of. An easement on property allows someone else to use your property without your permission and in a manner you may disagree.
It is significantly more common than you may imagine for people to have property easements. Before deciding to purchase a home, it is important to understand what easements are and how they can influence your property rights. In this post, we’ll go through the many types of easements and how they can affect your home or business.
What Is An Easement On Property?
An easement on property is the legal right to use another person’s property for a certain purpose and for a specific period of time. A person or organisation that holds an easement on your land is entitled to access your property in accordance with the terms of the agreement.
A utility provider, for example, needs an easement to access electrical wires or cables on your land. Also, you may need an easement to cross someone’s property to get home. While easements may appear to be an issue, they are generally beneficial.
Types Of Easements On Property
● Right-of-way easement: This form of easement gives you permission to use a path or road on someone else’s land, but it doesn’t give you ownership rights over that space.
● An easement for services: This refers to the right to lay water pipeline drains, and other conducting media along and beneath the surface of someone’s land.
● Easement of support: Unlike a service easement, a support easement will entail excavation for drainage, natural gas, electric, and telephone connections.
● Easements of light and air: For people to be happy, healthy, and productive, they need lots of sunlight and fresh air. Light and air easements prevent the construction of structures that block another’s light and air.
● Rights pertaining to artificial waterways and sewerage: This type of easement deals with the rights and constraints that apply to waterways, canals, and sewerage systems that are artificially constructed.
Can I Dispute An Easement On Property?
An easement on property dispute might take years to resolve and could end up in court. It may be easier to terminate an easement if the owner agrees or if it has an expiration date. So, a costly and time-consuming court struggle between neighbours could ensue. Before disputing an easement, consult a real estate lawyer.
An easement on property isn’t bad; in fact, it might be beneficial to both parties. But it can also generate issues and limit property rights. A thorough assessment of a prospective property’s easements is crucial for your own safety and financial security.
Interested in learning more about the legal aspects of property ownership? Contact us today. We look forward to helping you with your enquiry.