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Updated Oct. 4, 2022 Read time 8 minReady To Buy a Home?
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Start My ApplicationIf you’re trying to buy a property, you might have come across the concept of right of way easements. Easements are a common component of real estate law. The right of way easement is one of the most common types of easements, but there are many more.
We’ll tell you everything you need to know about right of way easements, including how to figure out if a property has one and how to remove it. We’ll also review other kinds of easements you might come across.
A right of way easement allows an individual, a group of people or the general public to travel through another person’s land for a limited purpose. For example, easements might be created to allow owners access to their property (which would be the case for landlocked properties), allow utility companies to access sewer lines and water systems or allow the general public to use a sidewalk that passes through a property owner’s land.
Alex has just moved into a beautiful new property in the countryside. Pro: It overlooks a lake and a mountain range. Con: To get to it, Alex has to cross Sam’s neighboring driveway. Luckily, the home’s previous owner established a legal designation granting easement access through Sam’s property.
Alex was made aware of the easement by the real estate agent. The agent told Alex that there will always be a right of way through Sam’s driveway.
Alex’s situation is a classic example of a right of way easement. (In this case, it could also be called a road easement or driveway easement.)
There are several methods to find out if a property has an easement attached to it. One method is to hire a title company to do a title search. You can also verify a property’s rightful owner and check for any encumbrances and defects with a title search.
All public filings and court records relating to any easements should be outlined in a title search. And, in most cases, the Seller’s Disclosure will include any easements. This is especially important when it comes to implied easements.
Express easements are usually recorded on U.S. Land Records or a property’s warranty deed. There are times when an easement can’t be found in the official records. You may need to retain an attorney who can find unrecorded easements.
You can also check if a property has any easements by:
Easements can affect a property in several ways. When there is an easement on a property, the owner may be prohibited from building structures within a defined area. For example, an owner will likely not be allowed to erect a fence or plant trees that obstruct access or block the use of an easement.
Learn how easements can impact property in more detail:
Easements can affect property value and impact your ability to build or renovate on your land.
Strict, restrictive easements tend to make a property less desirable, which may cause the property’s value to drop. However, an easement that makes it easier for a buyer to access nearby public land or their home is usually desirable.
However, it’s unlikely that easements will have much of an impact on a property’s value. If you’re buying a property with an easement on it, the property’s value would have already been determined by a real estate appraiser. The land’s value should already reflect the existence of any easements.
One of the biggest implications of a property easement is that it can impact building, renovating and even landscaping on the property. Owners may be prohibited from making certain home upgrades because those upgrades would hamper access to the dominant estate.
Money Term Dominant Estate Vs. Servient EstateA dominant estate benefits from an easement. A servient estate must grant access to the property.
