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Property Easement Agreements: Getting it Right

Property Easement Agreements: Getting it Right 2025

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The document is a Temporary Construction Easement agreement between a property owner (GRANTOR) and a utility company (GRANTEE), allowing the GRANTEE to temporarily use the specified property for utility construction. The easement is granted for a nominal fee, with conditions that the property must be restored to its original condition after construction, which must be completed within 90 days or no later than 12 months from execution.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What are the rules around easements?

Owners are generally prohibited from building over or too close to an easement or must obtain approval from the authority who owns the easement to do so. If a structure is built over an easement without permission or where permission is denied, then the owner will be legally required to remove the structure.

Can a property owner block an easement?

In California, easements are subject to specific rules and regulations, and property owners generally cannot unilaterally block or obstruct established easements.

What is the disadvantage of an easement?

While an easement usually doesnt affect your propertys value, it can make it difficult to sell. For instance, unclear boundary terms or significant restrictions, may deter buyers. Some potential buyers may reject the easements associated with the property, so youll have to wait for one who accepts them.

Can a property owner block an easement in NYS?

In other words, as frustrating as an easement may be, it is not likely the case that you can get rid of an easement by simply blocking peoples attempts to use it. If you try to do so, the easement holder could file a cause of action against you.

How much does an easement devalue a property?

However, its unlikely that easements will have much of an impact on a propertys value. If youre buying a property with an easement on it, the propertys value would have already been determined by a real estate appraiser. The lands value should already reflect the existence of any easements.

Can a property owner block an easement in New York state?

If your property is burdened by an easement, you might be able to block or remove that easement through a court order, such as a quiet title action or other court proceeding.

What are the rights of an easement in NY?

In New York, an easement is a legal right that allows someone to use or access another persons property for a specific purpose. It grants a non-possessory interest in the land, meaning that the easement holder does not own the property but has a limited right to use it.

Property Easement Agreements: Getting it Right 2025

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