Buying a house? It’s important to know what you’re buying and who else has the right to access it too. Easements and rights of way allow others to legally use your property, whether you like it or not. This can have an impact on how you can use your property, so understanding what that means before purchasing a property can help you avoid surprises down the road.

What Is an Easement?

An easement gives someone else the legal right to use a designated portion of your property for a specific purpose, even though you are the landowner. Easements are common and often necessary; for example, utility companies may have easements that allow them to access lines running through your yard.

There are several types of easements:

• Utility easements allow service providers (like electric, water, gas) to install and maintain equipment.
• Access easements grant a neighbor or neighbors the right to cross your land to reach theirs, like a landlocked property.
• Conservation easements limit land use to protect natural resources or historical value.

What Is a Right of Way?

A right of way is a specific type of easement that gives someone the legal right to travel across your property. For example, a shared driveway might include a right of way that allows your neighbor to drive over a section of your driveway to access theirs. Rights of way are often recorded in the property deed and remain in place through ownership changes.

Why Do Easements and Rights of Way Matter?

Easements and rights of way can affect a number of aspects of your home ownership. If you value privacy and security, consider that you may have others on your property from time to time and may not be able to fence or fully control some areas of your land. Limited use of your land can also impact resale value, depending on the scope of the easement or right of way. You may also be responsible for maintaining the area and the full cost of maintenance, even though others use it too.

How Do I Know if a Property Has an Easement or Right of Way?

Before buying a property, always review the title report and survey. These documents can reveal existing easements and rights of way. If anything is unclear, consult a real estate attorney or title company to understand your obligations and rights.

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For more information about our comprehensive suite of real estate closing services, please contact our offices in downtown Pensacola (850) 361-4029, Pace (850) 994-3838 or Pine Forest (850) 202-8518.  You can reach us online and one of our professionals will be happy to speak with you about your residential closing needs.