Understanding Easements

Easements are legal agreements that grant someone the right to use a portion of another person's land for a specific purpose. They are essential for various reasons, including maintenance and access to utilities.

Key Points to Know

1. Purpose of Easements
   • Easements allow access to a designated area of land for specific activities or maintenance.
   • Commonly, they are required for the upkeep of utilities such as sewer and water pipes, stormwater systems, and power lines.
   • Easements can also be created for shared vehicle access through multiple properties.
2. Recording and Agreement
   • Easements are recorded on the land title, ensuring they are legally recognized.
   • The landowner must agree to the easement, and it remains on the title even if the property is sold to a new owner.
3. Restrictions for Landowners
   • Landowners cannot build structures within an easement area or install fencing that would obstruct access.
   • Before any construction within or over an easement, approval must be obtained from the easement owner.
4. Certificate of Title
   • The Certificate of Title provides accurate information regarding easement ownership and details.
   • It is crucial to check the Certificate of Title to understand any easements that may affect the property.

Understanding easements is vital for property owners and potential buyers, as they can impact the use and development of land. Always review the Certificate of Title and consult with professionals if you have any questions about easements on your property.