Discovering that a property you want to buy has an easement on it should give you pause for thought. An easement means that your private property may not be private all the time. Easements are a legal mechanism giving one party the right to pass over another party’s property at certain times or for certain purposes.
The most important thing to find out is how long the easement lasts. There are several possible options:
The easement ends when a specific person dies or leaves
Some easements are tied to a specific person or entity – either the party passing over the property or the party whose property is being passed over. If either of them sells up or dies, then the right to pass over the land will end there.
The easement ends on a specific date
Some easements are given for a certain amount of time. It might be 10 years, or it might be until a particular project for which access is required ends. Once that time is up, the easement will be finished for good, unless both parties agree to extend it.
Some easements are permanent
Some easements do not expire. They will be there no matter how many owners die or how many times the property changes hands.
Searching for and understanding the status of an easement is an essential step when looking to buy a property. Just because an existing easement does not get much use now, does not mean it won’t in the future. If you do not like the implications, you can either look for another property or investigate if there may be a chance to alter the easement, either via negotiation with the easement holder or through a challenge in court.