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Check for Easements When Buying Property

Posted by Chris Peterson | May 20, 2015 | 0 Comments

Check for Easements When Buying Property

Check for Easements When Buying PropertyIt is important that you determine whether any easements exist on real property that you intend to purchase. Easements are very common, and the existence of one does not necessarily mean that you should not buy the property, or that its value is thereby diminished. You do need, however, to know about transferability of the easement. College Station real estate lawyers can help you with any easement issue that you encounter.

What Is an Easement?

An easement is a “nonpossessory interest in another person's land.” In other words, it grants another individual or entity certain rights related to a portion of your property. These rights affect you to the extent that you are not allowed to do anything to impede the intended use of the easement. However, beyond that you are allowed to do whatever you want with the easement.

The following are a few examples of easements:

• You live in a housing tract where homes are built to within the minimum amount of distance between structures allowed by law. In order to enjoy a larger portion of the land on one side, an easement might be created wherein a fence is built up to your structure on one side, but you have an easement on the next neighbor's land. • In order to access their property, your neighbor must cross your land. An easement can be created legally allowing them this access. • A utility company constructs a box or pole on your property.

There are both positive and negative easements. The examples given are of positive easements. A negative easement involves the preserving of one's right to light or a view through the limiting of a neighbor's right to build on that portion of land. For instance, if you live near the Gulf of Mexico and a neighbor behind you has a view of the sea from their second story, you may be disallowed from erecting anything that would obstruct this view.

Checking for Easements

The Preliminary Title Report issued by the title insurance company should list any easements on a property. You should also have a clear understanding as to the exact dimensions and location of the easement. This information can be found in the legal description of the property, which is a part of the deed. You can obtain this information from the county clerk.

If an Easement Dispute Arises

If you and a neighbor or other entity are in a dispute over an easement, it is important that you hire College Station real estate attorneys who are experienced and knowledgeable. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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