How will an easement affect your property rights?

by | Apr 13, 2018 | Real Estate

Texas property owners have the right to use their land and home as they see fit, but an easement could affect these rights to a certain extent. If you purchased a home only to learn about an easement connected with the property or you are considering a purchase of property with an easement, you need to know what that means.

Easements give a person the right to access or use a specific piece of property even though he or she does not actually own the land. An easement can cause significant complications because people often do not know they exist or understand how they work. If an easement is affecting you in any way, you have a right to know about the legal issues at hand.

What should you know?

An easement gives a person a legally binding interest in a certain piece of property. Essentially, this means that a person could come onto your property and it would not be trespassing. There are two main types of easements and they are as follows:

  • Implied easement: The creation of this type of easement may not come from a document, but rather, the circumstances imply it. This may happen when a large piece of land is parceled, and the easement allows a person to access the original land. For example, an implied easement may allow a person to walk through a person’s property to access public land, such as a beach.
  • Express easement: An express easement must be in writing, typically in a deed or will. Legal documents must outline the terms of the easement, such as whether or not it will exist if the property changes ownership in the future.

You have the right to a complete understanding of any easement that may affect your property and what that means for you as the owner.

The rights of property owners

As the property owner, it is prudent to be completely aware of any easement that could impact the way you use your land. If you wish to contest the easement or wish to know if there is a way you can remove it, you would be wise to reach out for help as soon as possible.

It is difficult to navigate these complex legal issues alone. You will find the guidance of an experienced real estate attorney to be invaluable as you seek a better understanding of the legal issues that affect your rights and property interests.