An easement is the right to use all, or part, of a property owned by someone else, for a stated purpose. Almost every home has an easement of some kind or another. Easements can be established through contracts, wills or deeds.
Basics
A right-of-way easement gives someone the legal right to use the land involved for travel-through purposes. For example, Mr. Johnson owns a large beach front property, but not the beach itself, and his neighbor wants to access the beach but does not want to travel all the way to a public access point to get to the beach. Mr. Johnson can grant an easement that gives the right for people to cross his property to get to the beach. The easement then goes on the deed for both Mr. Johnson’s land and his neighbor’s land. The easement will be valid even if the property owners sell their property.
Another kind of easement blocks some specified actions. For example, an easement might be used to prevent one landowner from blocking the ocean view of another landowner. For example, if Mr. Johnson has an easement that prevents him from building two stories, and he does, his neighbors can lawfully require that the second story be torn down.
When looking to buy a property that has an easement on it, do not assume that just because an easement is not in use at the moment, it will never be in use. The other party in the easement contract can choose to enforce it at any time.
Easements can also be made to apply only to specific individuals. In that case the easement expires after a certain time, or upon the death of one of the two parties. An easement can be granted for many other reasons. For example, to allow a utility company the right to build power lines across an owner’s land. Land that has an easement on it is called a “servient estate”. Land that benefits by an easement is called a “dominant estate”.
Effects of an Easement
If you choose to grant an easement, you will normally not be allowed to build anything in an easement area, or build any fences that will block access. Easements can also affect property values. If there are many easements on a property, it would curb the number of structures you can build on your property. Also, if you allow power lines to be built through your property, you run the risk of lowering you property value. Many people consider power lines to be unsightly and dangerous.
Terminating an Easement
You might want to terminate an easement on your property for various reasons. For example, you might want to put in a swimming pool. Terminating an easement might be tough, but it is not impossible. Talk to an experienced real estate attorney to see what you can do. Each state has different rules and regulations regarding easements, so it is in your interest to be informed about them.
