EASEMENT & TYPES OF EASEMENTS

EASEMENT & Types of EASEMENTS and its impact on Title of the property!

An easement is a legal right to use another person's property for a specific purpose. Easements can have an impact on the title of a property because they create an interest in the property that is separate from the owner's fee simple ownership.

When we think of property ownership, we tend to assume that it includes complete control and use of the land. However, in some cases, the rights to a piece of land can be limited by easements. Easements grant someone else the right to use a portion of a property for a specific purpose, even if the owner does not benefit from the use.

Easements are a legal arrangement, and as such, they can have significant impacts on the title of a property. In this article, we will explore what easements are, the types of easements, and the impact that they can have on the title of a property.

 

There are several types of easements, including:

Easement in gross: This type of easement benefits a specific person or entity, rather than a specific parcel of land. For example, a utility company may have an easement in gross to install power lines over a property.

Appurtenant easement: This type of easement is attached to a specific parcel of land and benefits the owner of another parcel of land. For example, a landowner may have an easement to cross their neighbor's property to access a public road.

Express easement: This type of easement is created by a written agreement between the parties involved. For example, a landowner may grant an easement to their neighbor to use their driveway to access their own property.

Implied easement: This type of easement is created by the actions of the parties involved, rather than by a written agreement. For example, if a landowner subdivides their property and sells off a portion of it, an implied easement may be created if the new owner has no other way to access their property.

Prescriptive easement: This type of easement is created by the continuous use of another person's property for a specific period of time, without the owner's permission. For example, if a neighbor has been using a portion of a landowner's property as a shortcut for 20 years, they may be able to claim a prescriptive easement to continue using the property.

The impact of an easement on the title of a property depends on the type of easement and the terms of the agreement. Generally, an easement will create a limitation on the owner's rights to use and develop the property. This can affect the value of the property, as well as the ability to sell or transfer ownership. It is important for property owners to understand the nature and terms of any easements affecting their property, and to consult with a legal professional if necessary.

 When considering the title of a property and the existence of easements, it is important to understand the difference between easements disclosed by records and those disclosed by plat maps.

Easements disclosed by records refer to easements that are recorded in the public records of the county where the property is located. These records include documents such as deeds, contracts, and other legal instruments that establish the existence of an easement. Typically, a title search conducted by a real estate professional will reveal any easements that have been disclosed by records.

On the other hand, easements disclosed by plat maps refer to easements that are shown on the plat map of a subdivision. A plat map is a map that shows the boundaries of individual lots within a subdivision. The map may also show the location of streets, parks, and other public areas. Easements shown on a plat map are usually created when a subdivision is developed and are intended to benefit the owners of the individual lots.

The main difference between easements disclosed by records and those disclosed by plat maps is the way in which they are created. Easements disclosed by records are usually created by an agreement between two or more parties, such as a landowner and a utility company. The agreement is then recorded in the public records of the county where the property is located. This creates a legally binding obligation that runs with the land, meaning that the easement will remain in place even if the property is sold or transferred to a new owner.

Easements disclosed by plat maps, on the other hand, are usually created when a subdivision is developed. The developer will create a plat map that shows the location of the easements and the individual lots within the subdivision. These easements are typically intended to benefit the owners of the individual lots and may be used for things like access to roads or utilities.

Another important difference between easements disclosed by records and those disclosed by plat maps is the way in which they can be modified or terminated. Easements disclosed by records can only be modified or terminated by a written agreement between the parties involved, or by a court order. This means that any changes to the easement must be recorded in the public records.

 

Easements disclosed by plat maps, on the other hand, can often be modified or terminated by the developer or by the governing body of the subdivision. For example, if a new road needs to be built through a subdivision, the governing body may modify the location of an existing easement to accommodate the new road. However, any changes to the easement must still be recorded on the plat map.

In conclusion, easements disclosed by records and those disclosed by plat maps are two different types of easements that can impact the title of a property. Easements disclosed by records are created by a legal agreement between parties and are recorded in the public records, while easements disclosed by plat maps are created when a subdivision is developed and are shown on the plat map. Understanding the differences between these two types of easements is important for anyone involved in real estate transactions or property ownership