As you go through the escrow process to buy real estate, you may discover that there is an easement not the property. If you are not familiar with easements, keep reading to find out if this is a dealbreaker and what you should do next.
What is an easement?
An easement on a property is the right for a third party to access the land. This might mean any number of things. For example, a neighbor may be given the right to cross the property in order to reach their own property because of the way a driveway was constructed. The easement might also allow utility company workers to access essential infrastructure, or perhaps give city workers the right to access sewer lines beneath your property whenever necessary.
The presence of an easement does not mean any third party at any time can access that part of the property; a named third party will be given legal access for a specified purpose.
How will I know if there is an easement on the property?
During the escrow process, the title company will complete a thorough review of any liens or title issues with the property. During their review, any easements will come to light. This will give you a chance to ask questions about the details of this easement and decide if you would like to move forward with the purchase.
Can an easement be removed?
In some cases, an easement can be removed. Generally, you likely will not need to remove the easement, but there are some cases in which you may want to. However, we do not recommend buying a property with the plan to have an easement removed, as it is often easier said than done. You may have to wait a number of years to have the easement removed or enter into a time-consuming and costly legal battle. If you find out there is an easement and it is something you really don’t want to deal with, consider looking for a different property instead.
Should I buy a property with an easement?
Calgary Real Estate Expert Advises, “Most of the time, a property with an easement is no big deal. Most homeowners find that an easement that allows utility or city workers to access essential equipment, power lines, or water pipes, for example, is a minimal nuisance. If the conditions of the easement will interfere with your plans for the property, however, you may want to consider looking for something else.”
For example, let’s say you plan to build a pool house on the property, but find out that your intended location for it is where an easement is located. You may be legally required to keep that part of the property clear. In this case, consider whether putting the pool house in that location is a non-negotiable for you. If it is, you may not want to buy the home with the plan to negotiate the easement as there is no guaranteed outcome.
Buying a home with an easement may or may not be a smart idea depending on the logistics and how long the easements has been used. If you need to USE the easement to get to your home, you would want to verify you can’t legally be blocked from accessing your property and if you have a property that ALLOWS the easement,, make sure your rights are covered as well.
