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What Is an Easement on A Property?

Lerner & Weiss Jan. 18, 2023

When you’re searching for a property, there are many things that you need to consider. The location is usually a primary concern, but that location could mean that the title to the property is associated with an easement. If this is the case, you should ensure that you understand how it impacts the property and your ability to use it as intended.

An easement denotes that another entity has a legal right to use a portion of your property. This might be a driveway, a walkway or another area.

Types of Easements

There are Three types of easements. these are based on the specific usage that’s the basis of the easement.

  • Utility maintenance easement: This gives the utility company permission to run cables or lines on a property. Employees or contractors for the company can enter the property to perform maintenance or other work on the utility components.

  • Right of way easement: This gives another person permission to use part of your property to get to their property. This is often associated with driveways that split to two locations or walkways that go through a property to get to a public location.

  • Condo or HOA easement: These easements give the members of a condo association or homeowners’ association (HOA) permission to pass through a property.

Easements can be permanent or temporary, so be sure to check the documentation to find this out. In some cases, the landowner is compensated for the use of their property. However, those payments may not transfer with the title. This is another point to consider. Your attorney can help you understand what’s going on with the easement on your property.