Most frequently an easement is required when there is a shared area of land amongst neighboring properties. There are many elements involved in a variety of different easements. Therefore, it is critical for homeowners to understand what these easements mean in terms of ownership of real property.
The Basics: What Is An Easement?
Basically, an easement is a right to use the land of someone else who actually owns it for certain purposes. These purposes may or may not benefit the owner of the property on which the easement is located. In other words, there is an owner of the land who retains the title of the property while you have the right to use the land as for a specific purpose. In fact, the easement specifies the exact purpose for it’s use. This means that you can only use the property for the sole purpose that is outlined in the easement. Any other use of the property would be a violation of the easement, unless the easements run underground. In those scenarios, the owner of the property may use the surface of the land for other purposes.
Types Of Easements
There are many variations that need to be discussed regarding the different types of easements available. Every single easement will hinge on the type of property in questions. As such, it’s critical for you to fully understand all the distinctions among the various easements.
- Public Easements: These easements are typically for purposes and uses of the general public. In fact, with most public easements, the holder of the easement is either a government entity or a statutory entity. Therefore, these types of public easements can only be established via statute, discussions with the building owner, or via eminent domain.
- Private Easements: Typically, private easements are owned by private citizens. In these types of cases, a private individual, as opposed to a large government entity holds a legal interest in a property. In fact, private easements are most commonly used amongst neighbors. When sharing a driveway using private easements is most often the best solution. This allows private citizens access to a driveway that may not be titled in their name to reach their home.
A Title Company You Can Trust: Colony Title
At Colony Title, we will help you through the process of getting your property’s title and help you avoid the pitfalls of hidden costs while you buy your home. We are also well trained in identifying any and all errors in public records and helping you resolve them. We specialize in real estate title insurance in both Maryland and Washington, D.C., and we will perform an expert title search, check through all past documentation, and examine records for any fraud or forgery. For more information on how we can get you into the home of your dreams, contact us online or give us a call at (410) 884-1160. To get more updates on housing markets and how to get into your home, follow us on Facebook, Twitter, LinkedIn, and Google+.