Although the actual property lines are defined within a survey, under certain circumstances the boundaries may be crossed, with or without the owner’s permission. An easement allows another person, or municipality to encroach upon your property. There are different types of easements, which have specific legal purposes. A Real Estate Lawyer can go more in depth about easements.
Property easement is a right to use some part of a property for a specific purpose. A survey will define the property lines to hopefully prevent any questions of land ownership.
An express easement may be contained in the deed to the property or in another document. Some examples include:
- A utility company can run power lines on a property
- Adjacent property owners may enter into an agreement to share a common driveway that extends over both properties.
An implied easement or prescriptive easement may arise when a use of property continues for a certain period of time. For example, if a neighbor has been crossing the corner of a property for years, the neighbor may have acquired a prescriptive easement to continue to cross the property in the same manner.
A right-of-way is a type of easement that gives someone the right to travel across property owned by another person.
If you have ever purchased or are thinking about acquiring land, whether the property be a cattle ranch or a ten story building, our lawyers can help you realize your investment with minimal hassle and relative ease.
Realty is categorized as the land and anything growing on, attached to, or erected on a designated plot of land. This excludes anything that may be severed without injury to the land. It can be with corporeal (soil and buildings) or incorporeal (easements) accommodations. Lawyers facilitate the transactions between owners of specific plots of land.
In order to pass the title of a property, a deed with a proper description of the land must be executed and delivered. This is where you need an attorney. The federal and state governments govern realty transactions by having passed statutes and common laws to regulate how titles pass from owner to owner. A lawyer can help you with the day-to-day specifics of ownership transaction and other aspects and concerns you may have.
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