Lifestyle
Easements Explained Simply
An easement grants the right to use another person's land for a specific purpose. Learn about types of easements and how they impact property ownership.
What is it?
An easement is a legal right that allows someone to use a portion of another person's property for a specific, limited purpose, even though they do not own it. This nonpossessory right is common in real estate and is attached to the property's deed. For instance, a utility company might have an easement to run power lines across a property, or a landlocked neighbor might have an easement to use a driveway for access to a public road. The property that benefits from the easement is known as the 'dominant estate,' while the property subject to it is the 'servient estate.'
Why is it trending?
Interest in easements is growing due to increased housing development and property subdivisions, which often create complex access and utility needs. As more people purchase land or encounter boundary issues, they turn to online resources to understand their rights and obligations. High-profile legal disputes over property access, often shared on social media, also fuel public curiosity. Furthermore, a rising interest in rural properties means buyers are frequently dealing with land that has pre-existing or requires new easements for access and utilities.
How does it affect people?
For property owners, an easement can significantly impact land use and value. If you own the servient estate, an easement can restrict what you can build or how you can use that part of your land. For the owner of the dominant estate, it provides essential access or services that might otherwise be unavailable. Easements must be disclosed during property sales, as they can influence a buyer's decision and the property's market price. Understanding the specifics of any easement is crucial for homeowners to avoid disputes and ensure they are compliant with legal requirements.