If the home you’ve fallen in love with has an easement, you might be wondering what that means for you as the new owner. An easement grants a person or entity the legal right to use a specific portion of your land for a defined purpose. For example, a utility company may have an easement to maintain an electric pole on your property, or a neighbour may have the right to drive through part of your land to access their garage.
Easements are typically disclosed during the sales process, so it’s crucial to understand the different types and how they might affect your enjoyment and use of the property.
Types of Easements:
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Appurtenant vs. Gross
An appurtenant easement benefits a specific property. For instance, a neighbour may have the right to cross your land to access their garage. A gross easement, on the other hand, benefits an individual or entity, such as a utility company’s right to access an electric pole. -
Private vs. Public
A private easement allows a specific individual or entity to access your property, like your neighbour, while a public easement grants access to any member of the public, such as a footpath that runs through your property. -
Affirmative vs. Negative
Most easements are affirmative, meaning they grant the right for something to happen, like allowing access. Negative easements, however, prevent something from happening, such as preventing a neighbour from building a second story that could obstruct your view.
What You Should Know
Easements aren’t always permanent and can be challenged if the original need for them no longer exists. However, it’s important to fully understand how any easement on your property might affect your rights and usage before completing your purchase. Easements can have implications for privacy, future building plans, and even property value.
Before making any final decisions, consult with your real estate agent or legal advisor to ensure that you’re fully aware of the easement’s impact on your new home.
