Real estate sometimes comes with an easement. This is an agreement that allows someone else to use the property in a limited way. They typically cannot change it, alter it or permanently occupy it. Instead, they are granted the ability to use the property in a specific manner, such as a neighbor who is allowed to cross the land to reach their own property.
But what if you are purchasing real estate and the easement is already in place? You had nothing to do with setting it up and never agreed to it. As the new property owner, are you obligated to uphold it?
How was the easement drafted?
The key thing to remember is that easements are not all the same. Some are permanent, while others come with a limited duration. Because of this, it is important to carefully review the paperwork.
In general, there are two main types of easements to consider in this situation. The first is an easement in gross. This type of easement is not necessarily tied to ownership of a specific piece of real estate, but instead involves an agreement with a particular individual or entity. In some cases, a new property owner may be able to decide not to continue honoring this type of agreement after purchasing the property.
On the other hand, the easement may be an easement appurtenant. This type of easement is essentially part of the property and “runs with the land.” If the property has an easement appurtenant, you are effectively purchasing that easement along with the real estate, and you are generally required to uphold it even as the new owner.
Addressing a conflict
Easements can be complicated and sometimes lead to disputes between property owners. If you find yourself in this position, it is crucial to understand all of the legal options at your disposal.