Easements and Rights-Of-Way
An easement is the right to use another person's land for a stated purpose. It can involve a general or specific portion of the property.
A right-of-way is a type of easement that gives someone the right to travel across property owned by another person.
An easement can benefit a property.
Ms. Smith owns a tract of land that borders the Nantahala National Forest, a popular area for hiking, climbing, rafting, and fishing. Mr. Scott lives next door to her, but his land does not touch the National Forest. To avoid trespassing, he must access the Forest by walking or driving to a public entry point.
Instead, Ms. Smith grants an easement allowing present and future owners of Mr. Scott's property to cross her land to access the National Forest.
It becomes part of the deed for both properties.
An easement can benefit an individual or a business entity.
In the example above, a tract of land was granted an easement so that its owners could use a neighbor's land to access a public area. Ms. Smith could grant an easement to another individual to do the same, but without adding it to her deed. That type of easement normally expires at a specific time or event or upon the death of the person who benefits from it.
How does an easement affect the person who grants it?
Don't assume that because an easement is not currently being used it
will never be used. As long as an easement is a part of your deed
there's always a possibility that the individual who benefits from
it will decide to enforce it.
Tips for First Time Buyers
Buyer Frequently Asked Questions
10 Things Buyers Should Avoid
What To Do First: Buy or Sell?
Making an Offer
Simplify the Home Buying Process
Relieving the Stress of Packing
Land Buying Advice
Real Estate Glossary
Facts About Easements
Facts about Radon & Radon Testing
Lead Based Paint Facts & Disclosures
Mold in the Home
Saying "I Do" to First Homes
What is a CMA and Why Do You Need One?
How to Negotiate with Sellers