By Chesley Payne
We often hear about references to easements when discussing real property, but what are they? Easements are a legal or equitable right for one property owner to use the property of another owner for a special purpose. Easements come in many forms, but the most common form most
people are aware of are easements that allow one person to cross another person’s property to obtain access to a property. Easements have been found to involve several things beside simple access. In some states, you can be granted a visual easement, meaning an easement where one property owner agrees not to build anything on his property to obscure the view of the other property owner.
If you feel you have a particular issue with an adjoining land owner and wish to formalize it in writing, it is important you meet with an attorney to discuss the issues that an easement may cause with both properties. Among the items you will need to discuss will be: The necessity of filing the agreement into probate; Who will be responsible for the upkeep of the easement area; Do we need a survey of the easement area (the answer to this is usually yes); Will there be any consideration paid for the easement; Lastly, is the easement for your specific use or will it be passed to succeeding property owners.
Having an answer to these items will take you far in providing the attorney a clear and concise way of describing the transaction. Remember, if you have an issue regarding real property reach out to an attorney and discuss it first. A single trip to your attorney will save you both time and money.