When searching for a new home, you might come across the word easement. If you recognize the term, you might wonder what it means. By definition, an easement is a legal arrangement by the owner of the property and a non-owner to use the property in some fashion. An easement could be used in situations where a home is located near a public recreational area. For example, the property you’re looking into, may come with a walking easement to the nearby lake. The best Raleigh real estate agents can look into this matter for you. However, you might also need to consult with a real estate lawyer for a formal assessment of the easement agreement.
According to realtor.com, if there are any existing easements between the current seller and a neighbor, the seller’s attorney or the seller’s agent needs to advise the buyer. It’s important to know if easements exist and how they affect the purchase or usage of the home. Easements often allow the use of a pathway between adjacent properties to reach a common area such as a playground, yard or fish pond.
The most common easement is called the right of way, allowing people to pass through. Easement of support refers to excavations of property. Delivery people and meter readers all have the right to step on your property by easement of right of way. Less common are easements of light and air and rights regarding artificial waterways. Easements can be hotly contested, especially where rights to oceanfront property or conservation land are in dispute.
Easements, in most cases, are a binding written document. As a rule, courts base the allowance to have an easement on intention of the original parties in each situation. Courts prefer written easements and also consider customary use, habits and practices for the property in question.
Also according to realtor.com, a real estate attorney working for a home buyer can investigate any current easements connected to the property. The attorney will explain the ramifications to the buyers. Because easements are a property law issue, they are usually straightforward. An easement can be canceled in writing, by expiration date, in estoppel and even by death. For further clarification about your specific situation, consult with a real estate attorney on what easements mean to your situation. If you need help finding proper legal counsel, contact our Raleigh real estate agents today for a list of referrals.
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The Roark Premier Team will also do our best to help you in an easement situation. We will go over the property, easement, and talk with the seller or buyer about the stipulation. To get started with one of our Raleigh real estate agents today, all you need to do is give us a call. In addition to our contact information, you will also find all of our available homes and property listings. For a quick look at the listings, be sure to visit our featured properties page.