When a residential property has an easement, it is very important that the seller discloses this to any potential buyers. Not only do they deserve to know that the easement exists, but they also need to know what type it is.
For instance, an easement in gross is typically not connected to a specific piece of land and does not need to be transferred. It is simply an agreement between two property owners. If someone else buys the land, they can decide to terminate the easement.
On the other hand, an easement appurtenant is one that runs with the land. Essentially, the easement is part of the land itself. A new owner is obligated to uphold it, so a buyer needs to be made aware of this obligation, as they generally cannot terminate the easement.
Why are easements used?
Easements are used to give another party access to the land. In some cases, this means that utility companies have easements. They may need to run services to a property, and they need a way to gain access to do so.
Another example is when a property owner needs access to their land from a main road, but another property lies between them and the road. They may have an easement that allows them to cross the front property to gain access to their own. This is much like a shared driveway, and the easement holder only has permission to cross the land, not to fundamentally alter it or use it in any other way.
Residential real estate transactions involving easements can be complicated. Each party should have an experienced attorney to help them understand their rights and obligations.
