An easement on a piece of commercial or residential property allows someone other than the property owner to use that land in a limited way. These arrangements are often set up very specifically, and only certain types of use are permitted.
For example, one property may block another from access to a nearby main road. The owner of the landlocked property may have an easement allowing them to cross the front property by using a driveway to reach the road. They are not allowed to permanently occupy the land or change it, but they are permitted to cross it as needed.
If you are purchasing real estate and discover that an easement is already in place, you may wonder whether you are required to honor it or whether you can cancel it once you become the new owner.
It depends on the type of easement
Easements can be created in different ways and for different purposes. In some situations, such as an easement in gross, a new property owner may have the option to terminate the easement. In other cases, such as easements that allow utility companies to access the property, the easement may need to remain in place because that access is still necessary.
Another common type of easement is known as an easement appurtenant. This type of easement is often described as “running with the land” or being part of the property itself. With an easement appurtenant, a new owner typically cannot cancel the easement. They are essentially buying the property and the easement together.
Easements can make real estate transactions more complex, so it is important for buyers and sellers to understand their legal options when dealing with these issues.
