Does An Easement Devalue My Property?

Can you build anything on an easement?

Yes, you can build on a property easement, even a utility easement.

The dominant estate owning the easement may need to access the easement.

Anything, from a house addition down to fences, shrubs, and children’s playsets might need to be removed in this event..

What is permanent easement?

An easement holder is not allowed to occupy or exclude others from using the land unless they interfere with the easement holder’s use. … The owner of the land may continue to use it, according to FindLaw. Easements are usually held to be permanent unless the agreement states otherwise.

Can you buy easement rights?

It is important to understand that the easement right is an ownership interest in property. It is as “real” as any other form of ownership, from having a title deed to leasing property and it can be bought and sold (if not personal to me) and often is as valuable as the property itself.

What is the value of an easement?

The measure and impact (value) of an easement is the loss in value to the remainder property after imposition of the easement. This diminution is comprised of both the easement acquisition and damage (if any) to the remainder.

Do utility easements reduce property value?

A utility easement is a common type that gives local utility companies the right to use parts of a piece of land. … Utility easements generally don’t affect the value of a property unless it imposes tight restrictions on what the property owner may and may not do.

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.

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 the 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.

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.

Who pays property 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.

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.

Can you sue for an easement?

As any real estate lawyer will tell you, easements tend to become a source of legal disputes. … He or she might also request a termination of the easement. The dominant estate holder may sue for trespass. Also, both parties may be able to request money damages for certain acts.

Can you get rid of 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.

Does easement affect property value?

An easement can decrease the value of a real estate, increase the value of the real estate or it can have no impact on the value of the real estate at all. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances.

Are easements good or bad?

When you’re buying a house, you might find out that the property has an easement on it. Essentially this means that someone other than you could have access to the land. This isn’t necessarily a bad thing. For example, utility companies typically hold easements in case they need to access pipes or cables.

What does it mean if you have an easement on your 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.

Do you get paid for an easement?

Easements provide a legal mechanism to use land for a specific purpose without having to buy the property. … While the current owners receive compensation, in most cases future owners of the easement will not receive payment.

What happens to an easement when a property is sold?

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.

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.

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.

How do you force an easement?

Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose. However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.