Are There Any Easements On My Property
Most properties have easements in place for example so that utility companies can access utility lines. If you want to know where any utility easements are located on your property call the utility company.
Easements such as those for utility companies dont typically come with expiration dates.
Are there any easements on my property. If there is an easement on your property then you cannot interfere with it unless the easement is terminated. An easement is a nonpossessory property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. There are sidewalk easements that allow the public to walk in front of your property as long as they stay on the sidewalk.
This means that a utility company has all the legal right to come to your property even without your permission. A survey of the property will also show the location of utility easements. So if there is a sewer easement across your property even if the sewer lines are below ground you cant interfere with the allowed use which may include repair or maintenance work the city has to do.
It grants the holder to use the property for a specific purpose. An easement gives a person or organization a legal right to use someone elses landbut only for a needed purpose. Utility Easement this is the common type of easement and is usually attached to the property deed.
Many easements are for utility maintenance or emergency access. Easements are created when property owners are approached for permission to use their land. It does not however work the other way around.
A property easement is generally written and recorded with the local assessors office. Check with the county clerk or county land records office to find out whether the prior deed shows an easement. In contrast the property.
The documented easement will show up when a title search is conducted and it stays there indefinitely unless both parties agree to remove it. In some subdivisions or urban areas where space is tight an easement may be created for. Not every easement is found on the face of property deeds like warranty or grant deeds.
When an owner disposes of part of his or her land all privileges enjoyed by that bit of land may be converted to legal easements unless expressly excluded in the transfer document. A utility company may have an easement on your property to access an electrical pole. An easement is a legal allowance that permits the holder to use or modify a piece of property that does not actually belong to him.
Often easements are used by utility companies that need to run wires and pipes across private properties and dig holes and erect posts to service them. If the utility company does not have an easement and is trespassing you can file a trespass suit. An easement can also be implied under Section 62 of the Law of Property Act.
If an agreement is reached it will be set in stone with a legal document such as a deed. If there are easement disputes its recommended that independent legal advice is sought to ensure that each partys rights and obligations are clarified. Contact the utility companies to see if they have any easements on your property.
7 You might note that an easement is excluded on Schedule B of your title policy commitment or preliminary title report. For example California has hundreds of unmarked areas adjacent to. For instance if there is an electric line that runs through your property you cannot take it down.
A right-of-way allows others to go through your property. If theres an easement running on your property it should appear on the propertys title history. An easement doesnt allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holders use.
Some easements are simply recorded as part of public records. Without getting too deep into legal details here are the types of easements worth knowing about. There are driveway easements that allow access to your property in the form of a short road or driveway.
When it comes to an easement on property just as there are many different types there can be disputes that arise especially when the easement favours one landowner over the other. There are utility easements that allow sewer and gas lines. To check for an easement on the property you can take the following steps.
Or if your driveway overlaps your property line you might rely on an easement on your neighbors property to get to your garage. Or you can go to the county land records office or city hall and ask a clerk to show you a map of the easement locations. Property easements come in many shapes and forms.
