Buying a property with an easement can complicate things. The easement may have been established long before you purchased the property, and you may not want to honor it. Regardless of the agreement between the previous property owners, you had no involvement in it and might want to restrict the land so that you are the only person allowed to use it.
In some cases, you may be able to do so. Some easements function more like personal agreements, meaning they only remain in effect as long as the original property owners are involved. If you’ve recently bought the land, you might have the option to cancel the easement or continue honoring it.
However, in other cases, the easement “runs with the land.” Legally, this means the easement is tied to the property itself. When you purchase the land, you also inherit the easement, and you are obligated to uphold it after the purchase.
Does this affect land values?
Yes, an easement can impact the value of the land. If you decide to sell the property, you would need to disclose the existence of the easement to prospective buyers. This disclosure could reduce the pool of potential buyers, as some may not want to deal with the restrictions an easement imposes. As a result, the land’s value may decrease.
Resolving disputes and understanding your rights
For these reasons, easements can sometimes lead to disputes or conflicts between neighbors. It’s crucial for those involved to understand their legal rights and obligations, as well as the steps they can take to resolve disputes or navigate property transfers successfully.