Easement Deed
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Easement Deeds Create Easements in Real Estate
Real estate often includes easements, which are access rights granted to agencies, utilities, cable and telecommunications firms, and other service providers as part of the real estate title.
Easement, Defined: An easement allows non-owners to use a specific area of the land for particular purposes under a mutual agreement, without affecting the landowner's overall ownership.
Easements are categorized based on the type of access, limitations, or duration the easement lasts. They can be established by prescription (long-term use) or necessity, to make the land usable. Homeowners can also create easements through an easement deed, which documents an agreement on how a portion of land may be used, such as for paths or shared roads.
Creating or agreeing to an easement should be done with legal advice to understand the scope, liability, inheritability, and maintenance responsibilities involved.
Before creating an easement, it's important to review your property title for existing easements and potentially conduct a new survey to identify any unrecorded easements to prevent disputes.
- Easement Appurtenant: Benefits an adjacent landowner, such as for unobstructed views or essential road access, and binds future owners.
- Easement in Gross: Specifies terms for use of a property area by a designated party without transferring ownership rights.
- Prescriptive Easements: Formed through visible, open, and regular use of property without permission, potentially leading to legal rights over time.
- Creation date and preparer of the deed
- Addresses of the involved parcels and parties
- Purpose and type of access granted
- Recording date and any monetary considerations
- Notarized execution of the deed
More Information About Easement Deeds
What Is an Implied Easement, and Could Your Property Have One?
An easement gives someone the right to use or control part of somebody else’s land. An easement can be deliberately created through the land owner’s...
Published on: May 18, 2022
Access Matters: Getting an Easement for Landlocked Property
Real estate without legal access to a public road is called landlocked property. Title insurance policies exist to protect mortgage lenders and homeowners...
Published on: September 17, 2021
The Real Estate Easement: A Guide and Glossary
An easement is a right to use another’s land for a specific purpose not inconsistent with the landowner’s simultaneous right to hold the same...
Published on: July 25, 2019
Note: Deeds.com does not provide legal advice. This information is general and may vary by state. Consult a real estate lawyer for legal advice specific to your situation.