The Essential Guide to Easement Deeds
Available Forms
Homes often include easements, which are access rights granted to agencies, utilities, cable and telecommunications firms, and other service providers as part of the real estate title.
Understanding Easement Deeds
Easement deeds categorize based on the type of access, limitations, or duration the easement lasts. They can be established by prescription (long-time use) or necessity, to make the land usable. Homeowners can also create easements through an easement deed, which documents an agreement on how a portion of land may be used, such as for paths or shared roads.
Easement Deed Defined
An easement deed allows non-owners to use a specific area of the land for particular purposes under a mutual agreement, without affecting the landowner's overall ownership.
Types of Easements
- Easement Appurtenant: Benefits an adjacent landowner, such as for unobstructed views or essential road access, and binds future owners.
- Easement in Gross: Specifies terms for use of a property area by a designated party without transferring ownership rights.
- Prescriptive Easements: Formed through visible, open, and regular use of property without permission, potentially leading to legal rights over time.
Legal Aspects of Easement Deeds
Creating or agreeing to an easement should be done with legal advice to understand the scope, liability, inheritability, and maintenance responsibilities involved.
Key Contents of an Easement Deed
- Creation date and preparer of the deed
- Addresses of the involved parcels and parties
- Purpose and type of access granted
- Recording date and any monetary considerations
- Notarized execution of the deed
Before creating an easement, it's important to review your property title for existing easements and potentially conduct a new survey to identify any unrecorded easements to prevent disputes.
Note: Deeds.com does not provide legal advice. This information is general and may vary by state. Consult a real estate lawyer for legal advice specific to your situation.