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What people need to know about easements

On Behalf of | Jul 20, 2021 | Real Estate Transactions

People in Delaware own various types of property for various reasons. They may purchase land for their homes, for vacation homes, investment, recreation, farming and other reasons. When they purchase land, they expect that they have control over the property. This may be true for the most part, but it is common for others to have legal rights to be on the land or to have equipment on the land.

These are generally referred to as easements and basically allow others to be on the land for limited purposes or brief periods of time without the right to possess the land. The easement generally is only over a small piece of the property as opposed to the whole land. Easements are usually granted in the same manner as how people obtain land through deeds and other legal contracts.

Basics of easements

Common examples of easements may include use of land by construction companies during a construction project, utility companies who run lines and pipes through the property, a path or walkway for another near-by land owner pass through access to something on the other side of the property or use of a portion of driveway and other reasons as well.

While the easement does not give people or entities possessory rights, they still do have rights to be on the property for the intended purpose of the easement. If the land owner infringes on their rights under the terms of the easement, the easement holder may be able to enforce their rights through lawsuits.

Easements are fairly common on Delaware and it is important for the land owner to be aware of the easement. If they are unaware of the easement or the purpose of the easement, it can lead to costly property disputes. It is also important for the easement holder to understand their limited rights on the property as well. Experienced attorneys understand easement disputes and may be able to guide one through the process.