What is an Easement, and How Can it Impact You?

If you have dealt with buying or selling real estate before, you may have heard of an “easement.” Depending on your circumstances, an easement could have a serious impact on your ability to use, develop, or renovate your land, impacting the value you can get out of it. But what is an easement, and how can it impact you?

What is an Easement?

In simple terms, an easement is a type of property right that another person (usually an owner of a neighboring property) has over your property. While this does not give them ownership over your property, it can allow them to use your property in a very limited context. Easements may be explicitly created by contract, or they may be implicitly created by necessity or by court judgment.

What Can Easements Do?

Often, easements are used to allow a neighboring property access to something they need on your property, or which they cannot access without crossing your property. This may include being able to access a road or driveway, accessing a river or other waterway, or allowing a utility company to put down cables for electricity or internet access. It can also allow them to take you to court if you violate their right to use your property as the easement permits.

How Can an Easement Impact Your Real Estate Plans?

Easements can cause problems for any real estate deal because they impair an owner’s ability to fully exercise control over a property. Buyers may find their development or renovation plans hindered by an easement, and sellers who fail to disclose a known easement can be dragged into court for any issues it causes. As a result, they have the potential to throw a wrench into any real estate transaction if not handled appropriately.

What Should You Do?

If you are looking to purchase a property, you should make sure to speak to a lawyer with experience handling real estate transactions. Not only can they perform a title search to discover easements, covenants, or other legal impediments to your transaction, they can also help you to resolve any problems that arise. The sooner you call, the sooner they can get to work ensuring your transaction goes as smoothly as possible.
At David J. Lorber & Associates, PLLC, we assist clients throughout New York who are looking to buy or sell real estate. We will guide you through the process and help you minimize your legal and financial risks. Call us at (631) 750-0900 or contact us online to schedule your Free consultation at our Setauket office.