During a real estate transfer, it is important to know if there is an easement on the property. There are two main types of easements: an easement appurtenant and an easement in gross.
An easement in gross is generally not tied to any specific parcel of land, but is simply an agreement between two people, such as a landowner and their neighbor. This is often called a personal easement.
An easement appurtenant, on the other hand, is essentially part of the land itself. It is said to run with the land, and it is part of the property. This is often done for access, such as in a subdivision with multiple properties, where owners need to be able to use certain roads to access their property.
How does this affect a transfer?
This can have a major impact on how a land transfer takes place.
An easement in gross can generally be canceled at the time of transfer. It is an agreement between two property owners, but the new property owner is not obligated to uphold it.
An easement appurtenant, on the other hand, often has to remain. It is part of the property. The new buyer cannot simply decide that they are going to cancel it, so they need to be aware that it exists when they purchase the property, and they need to know that it will continue to exist after that purchase.
Navigating real estate transactions
Easements are just one area in which a real estate transaction can become complex. Those who are going through this process need to know what legal steps to take, and an experienced real estate attorney can help.
