Pay attention to easements when passing, taking title

In the world of real estate, easements are an important issue to understand. Generally, easements essentially grant the right to use or enter onto another person’s property without actually possessing it. That being said, the specific rights of easement holders can very quite a bit from state to state. Some examples include: right-of-way easements, which give the right to cross over a property; easements dealing with excavation rights; easements connected to the use of artificial waterways; and easements which prevent a neighboring land owner from building structures blocking out light and air.

There are various other kinds of easements as well. Currently, the U.S. Department of Agriculture’s Natural Resources Conservation Service in Delaware is receiving applications for conservation easements. A conservation easement would give the government the right to restrict the use of land for specified conservation purposes.

One component of the Delaware easement program has the particular goal of protecting land devoted to food production from being converted to nonagricultural uses. Another aspect of the program would restore and preserve wetlands for wildlife habitat. Obviously, such easements are more extensive in demand than some other types of easements.

Easements are particularly important to pay attention to when passing title to a property. Failure to notify a purchaser of an easement could significantly impact that individual’s ability to use and enjoy the property. Those who have questions about easements which impact their property should contact an experienced real estate attorney.

Source: Cape Gazette, “Ag Conservation Easement Program sign-up deadline is June 6, 2014,” May 7, 2014.



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