One issue you might run into when managing a piece of real estate is easements. An easement refers to the right of an individual to access their property. You are not allowed to make changes to your real estate that would make it difficult or impossible for another party to access their own property. This can be a complicated issue to sort out without a real estate attorney.
Types of Easements
An easement can either be positive or negative. With a positive easement, another party will be allowed to use your property in a limited way. For example, if an individual needs to walk through your property to access a dock that they own, you will need to allow them to do this.
A negative easement is when you do not have access to a portion of your property or cannot make modifications. For example, you may not be able to modify a pathway that allows a neighbor to access their own property.
How to Know Who Owns an Easement
If the easement is known as an easement appurtenant, this means that the right to use your property will be passed on to anyone who owns the other property even if it is sold. An easement in gross, on the other hand, is only owned by an individual in their own capacity.
Understanding the easement on your property can help when you are deciding to purchase the property. You may not want to deal with the hassle of accomodating a neighbor or you may think that the easement is unnecessary and might want to challenge it in court. If this is the case, you'll want to consult with a real estate attorney.
Additions to Your Property
Whenever you are going to make an addition to your property, there are several documents you may need to consult including deeds and plats. If you do not understand these documents, you will want to consult with an expert in realty law. You can explain what you would like to do with your real estate and your attorney can go over your legal options.
If you are required to take legal action against your neighbor in court over an easement, you will especially want to consult with a real estate attorney. By doing so, you can have your real estate attorney represent you in court to maximize the chances that you will receive a positive outcome.Share