Making Home Buying Easier: A Quick Guide to Easements

How’s your home buying vocabulary? Sometimes, the language used in the process of buying a home can be more than meets the eye. What is an easement on a property? Many people think that it’s just a right of way that gives utility companies the legal authority to use that space for power lines, water, and sewer pipes, or phone and cable/internet lines.

It’s a bit more involved than that, so it is crucial for everyone directly involved in the home buying process to understand the types and the potential property easement problems that may come up regarding the use of the property.

Types of Property Easements

There are officially three types of easements:

Easement in gross — These types of easements typically can’t be assigned or sold. They are often given to utility companies (water/phone/electric) for a specific use and are described and recorded in the deed for your property.

Easement appurtenant — Many of these aren’t listed on the official title report and can include shared access roads or driveways. They’d appear in the “exclusion” section of your owner’s title insurance policy. Once one of these types of easements is recorded, they generally transfer from owner to owner as the property gets sold (depending upon the initial agreement).

Prescriptive easement — Under Florida law, a prescriptive easement is created when one owner has openly used and had possession of another person’s land for 20 years. This time frame varies by state and is determined by state law. There can be some legal caveats here, so it’s important to work with professionals if you have questions. and is determined by state law. There can be some legal caveats here so it is important to work with professionals if you have questions.

Problems with Easements

Problems with easements typically come up long after the sale. Previously undetected easements may arise when a neighbor with adjoining land sells his or her property, and the new owner decides to use a piece of the property differently. The issues can range from parking cars to building large toolsheds.

Do you think you might want a pool in your backyard one day? Another problem that may come up is an undetected easement in the same place you want to put your pool.

Preventing Easement Problems

If you can access a current owners’ survey, make sure to review it carefully. It should reveal if any unrecorded easements exist and the particular terms of use and any “heirs and assigns.” Even with that, it’s still a good idea to request your own survey. Doing so will give you peace of mind and is typically well worth the potential personal expense.

Work with a reputable, experienced title company. If easements are found, a good title company will compose a policy with clear language, including any use and exceptions, to help you know what to expect regarding the use of the property for the duration you own it. Understand that doing this, in the beginning, will help prevent easement problems and potential legal battles in the future.

Need more information about the home buying process? Bay National Title provides homebuyers, real estate professionals, and lenders news you can use and go-to resources to create a better closing experience.