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Video Guide on US Real Estate Easements management

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Commonly Asked Questions about US Real Estate Easements

Easements provide the right for another party to access a property for limited purposes. With a right-of-way, you have a specific type of easement. This type of easement provides people with the right to access a path on the property. If the easement has no legal claim, its owner can remove it.
Generally, easements run with the land in the sense that, once in existence and made of public record, the easement rights transfer from one owner to the next. For example, consider two neighbors with two separate homes but, for whatever reason, have one common driveway.
Less common are negative easements, which prohibit someone from doing something that would ordinarily be permissible. Negative easements are generally disfavored and only allowed in certain situations.
Not everyone wants to buy property with an easement on it, so the property with the easement may take longer to sell. If you and your neighbor share a driveway due to an easement, and if youre the servient property, you cant stop your neighbor from using the driveway.
Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers path. Violators may be held liable for damages to the easement holder.
An easement on your property does not mean that someone else owns part of your property. It simply means that another party knows a nonpossessory interest in your property. This means that other parties will be able to access your property or use a part of your property for a specific reason.
An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing a limited right to use another persons land for a stated purpose.
The most common easement is one that gives someone a right of way over another piece of property. There may be a city easement for power lines or an easement for getting in and out of a landlocked property. There are also easements for light, air or a view.