Overview of Easements

It may surprise you to learn that you may not get the exclusive use of property that you have purchased. For various reasons, others may have a right to use it, whether it was established by law or custom. An easement is defined as the right to use or cross someone else’s land for a certain specified purpose. The person who owns the land does not surrender any part of their ownership interest, but they do have to allow others to use it whether they want to or not. While not every easement is detrimental to the property owner, they are usually not ideal situations.

There are three primary types of easements:

• Easement appurtenant – a landlocked tenant needs to cross through their neighbor’s property to reach their property
• Prescriptive easement – one does not need someone’s permission to use their land, they have a legal right even in a hostile manner
• Easement in gross – one has a right to use the land, so they are alive, or the property owner is alive

Here are some examples of easements:

• Electric lines over the property
• A path through the property
• The use of a driveway
• A fence being built in the wrong place by several feet

A title search can track boundary lines of properties and will show an easement. If you do not learn about an easement until after the transaction closes, you may be able to sue the title search company, assuming that you hired one. Depending on the easement, it can reduce the value of your property.

Call a Miami Real Estate Attorney

In any real estate transaction, you should have an experienced Miami real estate attorney working for you through the closing to both protect you and ensure that the deal closes. Call attorney Daniel D. Diaz, PA, or contact us online to get legal help.