Easement is a technical term in land surveying and legal documents, typically referred to as an area on a property or a lot which may be designated for use by other entities other than the land owner and is prohibited to be used or encroached on by any structure or a building.
It basically is a legal right to use someone’s property for a specific purpose, by someone else without owning it! Easements are typically created to benefit a person, property or a public utility, and are permanent or long lasting.
Often called the right-of-way easement is a legal agreement granting one party the right to pass through or use a portion of another party’s property for a specific purpose, typically related to access or infrastructure. It is a form of easement, which is a non-possessory right to use another’s land.
It works similarly as a setback on a lot, to be avoided or encroached on, in site planning, building design and construction, on a property. Depending on the original purpose, there are a variety and the types of easements.
For example, Access Easements allowing neighbors or others to cross your property to reach their land or a public road, Utility Easements permitting utility companies to install and maintain power lines, gas, water, electric, etc. infrastructure on your property, Public Right-of-Way Easement enabling public access to sidewalks, roads, or pathways or could be utilized for drainage and water/flood management and Conservation Easement is planned to protect and preserve significant natural or historical feature, are some of the typical type and varieties of easements.
Easements may also come as a three dimensional envelope, which means there may be restrictions on the height and proportion of a building on a property. That is usually done to protect the neighboring property’s views or sunlight accessibility.
The location and purpose of an Easement may vary from one property to another, typically planned ahead by the local agencies in their master planning of a municipality, a new neighborhood, subdivision or a development.
When planning a new subdivision or a development, the architect or planning firm in charge of the project will work in coordination with the local planning agencies to define and designate any such restrictive areas in their design and receive the approval for the work proposed.
Just like a setback, when designing a home or a building on a site, the location and extent of an easement should be considered and verified. This is typically one of many elements and information to be investigated and confirmed by a civil engineer or a surveyor and should be included in their work, before the site planning process can get underway by an architect or a planner.
Some of the key features to consider are:
• Non-exclusive: The property owner retains ownership and can use the land as long as it doesn’t interfere with the easement’s purpose.
• Defined Terms: The easement typically specifies its scope, such as who can use it, what it can be used for, and its boundaries.
• Transferable: Easements often “run with the land,” meaning they apply to subsequent owners of the property unless stated otherwise.
How It Works:
• Granting: The easement is usually granted in a legal document, often part of a deed or a separate recorded agreement.
• Limitations: The easement holder must use the property only as described in the agreement (e.g., access only for travel, not for storage or other purposes).
• Termination: Easements may expire, be revoked (in certain cases), or be removed through legal processes if they are no longer needed.
Easements are typically recorded in the property’s deed and the local land records and can affect property value and the right to the land use.
In all these cases, an easement is by definition an area or strip of land that is restricted to a specific use and not to be encroached on by any portion of a building or structure.
If you are dealing with a right-of-way easement, it’s essential to review property records or consult a legal professional to understand the specific terms.
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