Can I Concrete Over An Easement?

Is it bad to have a drainage easement on your property?

In addition to the restrictions on an owner’s use of personal property, a drainage easement may have other adverse consequences with respect to obtaining insurance and a loan.

A property with a right to an easement means that an easement holder/utility company may encumber the property in the future..

How long does an easement last?

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

Who maintains an easement?

One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is – the owner of the easement is responsible for maintaining the easement.

Who is liable for an accident on an easement?

Accident Liability on an Easement In most cases, the easement rights holder, i.e., the party that directly benefits from the easement, is primarily liable for negligently creating a hazardous situation that may result in an accident. You may, however, also be liable to some extent if it’s argued on the rights facts.

Does an easement need to be recorded?

Generally speaking, an easement is a more serious property right; it is the legal right to use someone else’s land for a particular purpose. Easements are often recorded at the county clerk’s office and encumber your property’s title. … Here, however, you probably do not need to take the step of granting an easement.

Can a property owner block an easement?

Easements can be created in a number of different ways, but easements are most often granted in deeds and other recordable instruments. … Moreover, the courts have also ruled that the owner of property with an easement running over it does not have the right to block or impair the effective use of the easement.

Can you put a gate across an easement?

Easement Holder Rights vs. the Rights of the Servient Estate Owner. … For example, as long as an ingress and egress easement does not state that the easement holder has unobstructed access or an “open way,” the owner of the servient estate may put in fences and gates over the easement area.

Does an easement devalue my property?

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.

Do easements transfer to new owners?

Easement in Gross. If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.

Who is the dominant owner of an easement?

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A’s house.

How do I calculate easement compensation?

Generally, the appropriate compensation for the taking of an easement is calculated by the difference in the fair market value of the land without the easement, and the fair market value of the land with the easement.

What can be done on an easement?

An easement is a “nonpossessory” property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn’t allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder’s use.

Can you lose an easement?

You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

What does it mean if I have an easement on my property?

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.

Can I landscape over an easement?

Sheds, paths, driveways, edging and other landscaping are common improvements that are sometimes placed over easements. … If you want to plant over an easement, make sure you don’t plant trees or shrubs that have roots that may invade water and sewer pipes, causing blockages.

What happens if you build over an easement?

Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes “substantial” or “material” interference.

Do I have to pay taxes on an easement?

Easements don’t change ownership of the property, so the land owner will still have to pay the property taxes on it. Some states and localities, however, give land owners a property tax credit for certain right-of-way easements. … The amount of the credit is based on the length of the line crossing the property.

How close can you build next to an easement?

That means one side of your house can be as little as 8 feet from the property line, but the other side must then be at least 12 feet from the opposite property line.

Can you put a pool over an easement?

Please do not put a pool over an easement. They are designated easements for a reason. If you want the pool (and machine) for fitness, then you can save $$$ by ditching the spa.