Easements provide access to property, even to a person or an entity that does not own that property. Generally, even when there is an easement in place, that other party cannot permanently occupy the land or alter it in any way. But they are allowed to access the land, and it is illegal for the property owner to impede their ability to do so.
During real estate transactions, issues with easements sometimes arise. A new owner may believe that they can just cancel the easement, while nearby property owners may argue that it still needs to stand even after the transaction.
Different types of easements
The reality is that it just depends on the type of easement that is in place. For instance, many utility companies have easements. These are necessary so that services can be provided to buildings on the property, so they cannot be eliminated.
In some cases, an easement has been set up as an easement appurtenant, which generally means it is part of the transaction. The new owner is buying the property, and the easement is part of that property. They typically have to uphold it even as they take over ownership.
But in other cases, easements are more temporary in nature. There may be agreements between two specific parties who are landowners, and a new property owner would not have an obligation to maintain that easement once they have purchased the land. It would be up to them to decide if they wanted to do so or not.
Because these can be set up in different ways, conflicts sometimes arise. Those who find themselves facing a dispute or navigating a complex real estate transaction must understand all of their legal options.
