It may come as a surprise to a land owner, but there may be restrictions on how certain parts of your property can be used. In fact, it is not uncommon that the land owner may not have use rights to certain parts of their property at all. Rather, there may be an easement on the lot that significantly limits what the land owner can do with a specific portion of their property.
What is an Easement?
Easements are designations that legally allow for other individuals, such as neighbors or utility companies, access to portions of your property. Essentially, the title to a specific piece of land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
While the property owner may have reserved rights to use the land and can deny access to some individuals, they cannot deny access to the easement holder. It is important, then, to understand what restrictions exist on your property before purchasing or building a home so that in the future you are not prevented from building on or making an improvement to the land because an easement exists.
What Are the Types of Easements?
While there are a number of different types of easements, those that most commonly impact a property owner who may want to build or remodel on their land include:
Utility Easements
The most common type of easement, a utility easement allows a utility company to run its pipes, lines, etc., under or on other people’s property in order to serve its customers. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners. Due to the costly nature of installing and providing utilities, these easements usually last for a very long time, if not for perpetuity.
Drainage Easements
A drainage easement is an area that has been conveyed to a municipality for water runoff drainage, flood control, or access to a storm sewer. In these areas, the land owner maintains ownership of the land, and is required to pay taxes on and maintain the property. The drainage easement, however, may impact insurance premiums, the mortgage lender’s willingness to provide a loan for the purchase, and future construction plans.
Sidewalk Easements
Also among the most common types of easements, a sidewalk easement typically allows people access through the front of your property. Even when there is not a physical pavement in place, there still may be an easement in place on the title report.
Driveway Easements
Driveway easements are usually found in larger parcel properties with long driveways. For instance, if a deep lot that was previously divided adds a neighboring property that may need access through your driveway to gain street access.
How Do I Know if My Property Has an Easement?
While a land owner is granted some flexibility when building or making improvements near an easement, the process can be burdensome. It is best to fully understand a property’s easement locations prior to purchasing or building on a property.
A Mortgage Location Survey (MLS) will plot any easements shown on a recorded plat if your lot is in a platted subdivision. Additionally, a title search performed by your Title Company will look for any recorded easements on the property you want to purchase. Your Title Company and Surveyor will work hand in hand to identify easements (the title company) and plot them as they relate to your lot (the surveyor). Having this information before making a purchase decision is instrumental to being fully informed on your land investment.
With 50+ years of experience in the construction industry across all 88 counties in Ohio, McSteen is well equipped to handle your survey needs. Contact us today for more information or to get started.
