Easements

What are Easements?

An easement is a limited "right to use" your property by a third party for a stated purpose but does not constitute full ownership of the property. Easement information is generally found in Schedule B of the Title Report. There are different types of easements including utility easements, drainage easements, Right-of-Way, ingress/egress easements and other easements. Generally, you are not allowed to build on an easement.

Examples of easements include:

Why are Easements Important?

Typically, when a buyer makes an offer on a home which is accepted, the title search may find an easement. Easements can affect your property values. Future buyers may not like the idea that there is an easement on the property since this typically means that they cannot build on that area.

It's common for people to lack a clear understanding of easements and the numerous legal problems that can arise. Easements are created in a deed or other written document. When there is abuse of an easement by the easement holder, this can be a form of trespass and require the removal of an obstruction to an easement. Easements generally cannot be transferred, but if approved, then the agreement would need to be in writing. An easement can be sold much like you would sell a piece of property. An easement can be terminated if 1) the court finds it’s being accessed beyond reasonable use 2) if there is a provision in the agreement that it will be terminated on a certain date or a certain event.

How can TKM Land Surveyors LP Help?

TKM Land Surveyors LP helps client searching for easements and then document them on boundary surveys. When clients want to formalize an easement, TKM Land Surveyors LP will create an Easement Plat which generally becomes part of a deed document. This can then be shown to neighbors in the event there is abuse of the easement.

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