The Role of Easements in Residential Real Estate

Easements in Residential Real Estate

In Residential Real Estate, an easement refers to a legal right granted to someone other than the property owner to use a specific portion of the property for a particular purpose. These rights can significantly impact the use and fulfillment of a property, making it essential for both buyers and sellers to grasp their implications.

Types of Easements:

  • Utility Easements: These are the most common type of easements in residential areas. Utility companies may hold easements to access utility lines, such as electricity, gas, water, and sewage, which may run through your property. While you still own the land, these easements grant utility companies the right to access and maintain their infrastructure.
  • Access Easements: Access easements provide a legal right of way across one property to access another property. For example, if your neighbor’s property is landlocked and relies on a driveway or pathway that crosses your land to reach a public road, they would have an access easement.
  • Prescriptive Easements: These are acquired over time through continuous and uninterrupted use of another’s property. For example, if your neighbor has been using a portion of your land as a shortcut for many years without your objection, they may acquire a prescriptive easement.
  • Conservation Easements: These are voluntarily created easements where a property owner agrees to restrict certain uses of their land to protect its natural or historical features. In return, they may receive tax benefits.
Impact on Residential Real Estate:

Easements can significantly impact residential real estate transactions in various ways:

  • Property Value
  • Use and Development
  • Disclosure

Whether you are buying or selling a property, it is crucial to consult with a qualified residential real estate attorney to ensure that you understand the easements affecting the property and to navigate the transaction successfully.

If you have any questions or need legal assistance with your residential real estate matters, Contact UBFK Law today. We are here to help you make informed decisions and protect your interests in all your real estate transactions.

DISCLAIMER: The contents of this article were created to provide general information, it is not intended to create an attorney-client relationship and shall not be construed as legal advice. You should not act upon any information provided in this article without seeking professional legal counsel from an attorney licensed to practice law in your jurisdiction. No representations are being made as to the completeness or accuracy of the information contained in this article or on this site or sites linked hereto. If this pamphlet is inaccurate or misleading, report same to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, NJ 08625. “No aspect of this advertisement has been approved by the Supreme Court of New Jersey.”
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