There is so much real estate available, worldwide, catering to nearly every buyer’s needs, but some may contain easements. You may be a city dweller, preferring a home near all the action. Or, you may enjoy the suburbs or the country. Others may want to move to the beach or the mountains and truly get away from it all. And while there are so many details you should consider when purchasing real estate, as soon as you drive up to a potential purchase and notice what looks like an easement, start asking questions.
Some home buyers prefer properties that are set back and take some effort to get to. This adds to the appeal of being more remote and a little harder to get to if you enjoy your peace and quiet; unfortunately, if the neighbors are not completely on your side regarding what may seem like a shortcut through their property, issues could arise. This is most challenging if you want to, or have already, purchased a piece of land that is surrounded by other homes (or on one side perhaps water or an inaccessible area) with no designated access for you or other future buyers. You may also find it concerning if you purchase a home and discover neighbors are driving on your land to get to their own, whether legally or illegally.
Some easements are included in the sale of the home, and others are not. Here are some types of easements that you should be familiar with if you are scouting around for new real estate, or if you are concerned about a current situation:
- Easement appurtenant – this type of easement is owned by the person using it, and it will transfer with the sale of real estate.
- Affirmative easement – one that is allowed for limited use.
- Negative easement – allows the easement owner to restrict use of the property in some way, perhaps to preserve a view or protect an area from development or harm.
- Easement in gross – one that is attached to a person or entity; for example, a trout fisherman may have lifetime rights to travel through a property to get to a private fishing pond—or a business such as a power company may have rights to get through for maintenance reasons.
If you have questions about an easement or trouble seems to be brewing with the neighbors, consult with an experienced real estate litigation attorney right away. Contact Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com. We will be glad to meet with you to review your case and explain your legal options. Our office is here to help!