An easement is a legal right that allows someone – other than the owner – to make use of a certain piece of property in a specific way.
Easements crop up in real estate deals all the time. They’re commonly granted for things like shared driveways or access roads, access to utility lines that run over or beneath the land and access to shared amenities (such as a community lake or fishing spot). They’re designed to allow others to access what they need without being considered trespassers.
Not all easements are the same
Easements come in several different varieties. Understanding what type of easement is attached to a property is key to understanding its impact on the property holder and whether it will transfer when the property is sold. There are:
- Easement appurtenant: This kind of easement directly benefits one property at the expense of the other. An easement appurtenant is considered attached to the land itself and typically transfers automatically when the property is sold, binding the new owner the same way that the old owner was bound. These are common, for example, when one neighbor has to cross another’s land to access a main road.
- Easement in gross: This kind of easement benefits an individual or an entity rather than the land. They may or may not transfer when the property changes hands. If the easement was granted to a person, it typically ends upon their death. However, if the easement was granted to an entity, like a utility company, it would typically transfer.
- Prescriptive easements: These are created when someone uses another’s property openly and continuously – without the owner’s express permission – for a minimum of 15 years. If the property owner fails to take legal action to stop them in that time, the easement will likely become tied to the land and transfer with the property.
If you’re concerned about how an easement will affect your rights, it’s wisest to seek specific legal guidance about the situation. Whether you’re buying or selling, you need clarity before you can proceed.
