What to know about property easements

On Behalf of | Nov 22, 2021 | Real Estate |

People in Tennessee buy property for different reasons. They may take their time and look at many different homes or properties to determine which one best fits their needs and wants. These are big purchases and ones that people need to make sure they get right. If it is a home, they will make sure it has the number of rooms and bathrooms they want as well as picking a home in the right neighborhood. They also make sure a piece of land they purchase for recreational purposes is the right size and type of terrain.

There may be more to know about the property prior to purchasing it though. While people may own the entire property, there may be different easements on the property, which allow others to use a portion of it. People may not realize this either until the person or entity that was granted the easement actually uses it.

Different types of easements

There are few different types of easements as well. Each type grants use of the easement for different purposes.

  • Private Easements – these are easements granted by the property owner typically to a neighbor to use a portion of the land. This could be access to a driveway or to run sewage or water pipes through the property. Some of these must be honored by subsequent purchasers of the land.
  • Utility Easement – these are common easements to allow utility companies to run electrical lines or water pipes through the property. It also grants the utility companies the right to fix and maintain the lines or pipes.
  • Easements by Necessity – these are created typically in situations where it becomes necessary for a neighbor to use part of the property because for instance they cannot access their property by any public roads.
  • Easements by Appurtenant – These are similar to private easements that may grant access to a sidewalk or walkway through the property to others. The difference is that the property owner does not have any control over the easement.

Understanding which easements may be attached to a property is important for property owners. Experienced attorneys understand the differences between the different types of easements and may be able to help people understand how they affect property.