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Is an easement included in the area of a property?
Help me understand... what is an easement? Do I own that land? Is an easement included in the area of a property? Can I use it like it's my land? Thanks!
Asked By Jessica | Newberry, FL | 522 views | Terms Definitions | 1 year ago
Answer(8)
Glenda X Bozett
RELI
An easement is part of the property. However, it must accessible to the party that uses the easement.
- 1 year ago
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Gloria Mitchell
Wilkinson Triad Realty
An easement is a type of nonpossessory interest in land, conferring a right to certain actions or uses of the land to another party. Easements can be either positive (to do something) or negative (to limit something). Examples of easements include rights of way, access, support and light.
- 1 year ago
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Jim Rossi
RE/MAX 2000
An easement is usually established when a subdivision is created for the purpose of utilities to run from one parcel to another. Yes you do own the land the easement runs through but utility companies would have the right to access it if need be. No permanent structures should be built in an easement but you can put up a fence as long as you are aware that for some reason they need to take down a section to get a truck in there, they can.
- 1 year ago
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Pauline Dent
Keller Williams Chantilly Ventures
An easement grants someone else the right to use a part of the property located within the boundary lines of your land. You own it but you are granting access. Easements are for many reasons and sometimes are needed or requested long after you purchased your property because something needs to happen for the greater good of others.
- 1 year ago
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Jennifer Lee
Campus to Coast Realty
Hello Jessica,
An easement is part of the property. However, it must accessible to the party that uses the easement. You can not put a fence through the easement or plant trees/shrubs on the easement making it inaccessible. An example is a utility easement. If a utility company, such as Florida Power, has a utility easement on your property. This easement is used in times of power shortages or other types of situations. I hope this answers your questions.
Jennifer Lee, Campus to Coast Realty
- 1 year ago
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Sandi Meisse
Meisse Real Estate
An easement is on your property such as a utility company needs to access wires or put some on your property. The state also has an easement along the road in front of homes so if the road needs widened they can do it. Yes, you can use the property
- 1 year ago
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Adrian Tridel
Adrian Edwards
An easement is a right to use a portion of a property owned by someone else for a specific purpose. It grants the easement holder the right to use that portion of the property, but it does not transfer ownership or possession of that portion of the property to the easement holder.
Therefore, an easement is not considered part of the property area because the property owner retains ownership and possession of the land subject to the easement. The easement holder only has a limited right to use that portion of the property for the specific purpose outlined in the easement agreement.
- 1 year ago
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Joel Canepa
Canzell Realty Inc.
In addition to "utility" easements, many times there may be an easement created to allow for access to and from a land-locked property. The easement would allow for a driveway to the land-locked property, but when purchasing a property that is land-locked, be certain that the access/driveway easement is recorded on the deed as an "Easement Appertennant." An appurtenant easement is a type of easement that still applies to a property even if the owners change. It is sometimes referred to as "running with the land". If the easement is not recorded properly, the easement can no longer be valid when the property is sold. Always check with your closing attorney to ensure your easements are recorded properly on your deed. If not, it may take time and legal costs to correct or re-establish an easment for access to the property.
- 1 year ago
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