Understanding the various types of easements

On Behalf of | Apr 29, 2024 | Real Estate Law

Buying a home is a major investment that most people take very seriously. While most people think about the inspection of the home when they consider due diligence, there’s another important component – checking for easements on the property.

An easement is the right for someone to use another person’s property. This may limit your use of the property, but it doesn’t change ownership of it. There are different kinds of easements that provide varying usage rights, so understanding those is important.

Easements by necessity

An easement by necessity enables someone to use another person’s property for an necessity. For example, they might need to use another person’s driveway

Utility easements

Utility easements provide utility companies the right to use specific parts of the property. This can be for things like running lines or pipes. It may also include being able to drive through the property to reach the utility company components.

Private easements

A private easement is one that’s between two private parties. There are many potential purposes for this type of easement. It is commonly used for agricultural purposes, such as granting someone rights to use a pond or to run pipes for irrigation through someone else’s private property.

Those who are purchasing a home should ensure that they protect their rights throughout the home buying process. Learning about any easements and other aspects of the purchase can help to do this.

Having experienced legal guidance means that you have someone to do the necessary due diligence and review all of your documents. This can help you protect your rights and your assets when making what is likely one of the largest purchases of your life.


Serving California’s Businesses and Individuals