When you purchase a property, you may assume that you can do whatever you want on the property as long as you’re not doing anything illegal. While that’s usually true, there is a situation that may limit what you can do, even if your plans are legal.
Some properties have an easement attached to them. Checking for easements is a critical part of doing due diligence before purchasing a property.
What is an easement?
An easement allows a non-owner of the property to use a portion of the property for a specific reason. This doesn’t take the ownership rights away from the owner, but it may limit what they can do with the portion of the property that’s covered in the easement.
Not all easements are the same. Some easements grant utilities the right to access the property to reach lines or pipes. Others allow people to use a path on the property to reach a landlocked property, which is common if there is a shared driveway.
Another thing to know about easements is that some are recorded in writing, but others are oral or created by a history of allowed and necessary usage. It can be difficult to unearth easements that aren’t in writing, so it’s often beneficial to work with someone who can search for these.
An easement is only one consideration that a person purchasing a property must think about. Having someone on your side to help review documents related to the purchase is critical. It’s best to get them involved as early as possible to have as much protection during the process as possible.