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The 2 main types of property easements

On Behalf of | Jun 20, 2023 | Real Estate

When buying real estate, it’s important to understand exactly what is included in that purchase. One thing to keep in mind is that some properties are attached to an obligation known as an easement. There are cases in which an easement has be honored, even if someone else buys the property, so the purchaser needs to know all of the details of this agreement.

Essentially, an easement serves as permission for someone else to use the land. For example, perhaps the permission holder and the easement holder have a shared driveway because one plot of land is not connected to a nearby road. There are two ways that an easement can be established, which can have a significant impact on the rights of property owners.

An easement in gross

One type of easement is known as an easement in gross, which is often called a personal easement. This is simply an agreement between two property owners. When the property changes hands due to a sale, the easement can be canceled. It certainly could still be re-established with the new property owner, but they have no obligation to do so. It is just an agreement between two individuals that breaks once one of them no longer owns property named in the agreement.

An easement appurtenant

The second type of easement is known as an easement appurtenant or an easement that runs with the land. This is different because it is considered to be an inherent part of that property, almost as if it is part of the land itself. It’s not just an agreement between property owners, but a lasting alteration. This is critical to understand because it has to be upheld, in most cases, even after a sale. Someone who purchases a piece of property, may not have agreed to set up that easement initially. But they still need to honor it after they make the purchase, or they would be violating the other property owner’s rights. That’s why it’s so critical for them to know about the easement in advance, because it can impact the value of the land and how much they are willing to invest in it.

While these are two of the main types of easements, others such as access easements, parking easements and other unique circumstances exist throughout Columbus. It’s very important to know exactly what is in a contract when purchasing a piece of property. It’s also wise to look into your legal options if a dispute should ever arise.