An easement is the right to use another person’s land for a stated purpose. It can involve a general or specific portion of the property.
An example of where an easement can benefit a property:
John owns a tract of land that borders a national park which is a popular area for bushwalking and fishing. Ruth lives next door to John, but her land does not adjoin the national park. To avoid tresspassing, she must access the national park by walking or driving to a public entry point. Instead, John grants Ruth an easement allowing present and future owners of Ruth’s property to cross John’s land to access the national park.
How does an easement affect the person who grants it? The landowner who grants an easement usually cannot build structures within an easement area or use fencing that would hinder access. Other activities might also be prohibited. Before you purchase property you should know where all easements are located and what restrictions are associated with them.
Can easements affect property values?
Yes it is possible.
- Several easements on a tract of land might seriously limit the choice of building sites.
- High tension lines running through an easement near an otherwise great building site can be unsightly. Resale values may be affected since many people feel that living too close to power lines is a health risk.
- Buyers may simply not like the idea that others have a right to use the land in some way.
Don’t assume that because an easement is not currently being used it will never be used. As long as an easement is registered on the title of the property there is always a possibility that the individual who benefits from it will decide to enforce it.
Easton Lawyers
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