If you are in the process of buying a house and find out that the house you are buying has an easement, you should carefully evaluate the easement to determine how to handle this sale. An easement is something that is hard to get rid of and can affect you, and there are several important things you should understand about easements on properties.
What is an easement?
An easement is a legal term that refers to a right of a property. When a property has an easement, it means that part of the property can be used by someone else for a specific purpose. If you purchase a property with an easement on it, you must abide by the easement and its use. In other words, you cannot just stop a person from using the easement if the property has one on it.
What different types of easements are there?
There are a lot of different types of easements out there, and there are a lot of different reasons easements exist. A common type of easement is called an easement by necessity. If a property has this type of easement, it is usually because there is a piece or property that can only be accessed by using the given easement. In other words, the property is landlocked. Without walking through someone else's property, no one would ever be able to get to the landlocked property. This type of easement is not one that you can remove, as it is considered absolutely necessary.
What you can do about the easement if you are buying a house?
If you want to buy property with an easement, you should talk to a lawyer. A lawyer can determine if the easement is really necessary and can take steps to remove it if it is not absolutely necessary. If you do nothing about the easement and go through with the purchase, the easement will continue to exist. You cannot simply remove an easement by purchasing a property. Instead, there is a legal process you must go through if you want to eliminate an easement that currently exists on a property.
If you discover that an easement exists on the property you are purchasing, you will either need to fight it to eliminate it or accept the property with the easement. If you are not sure how to handle this, talk to a real estate business such as Reece Nichols Real Estate about it.