If you are looking to buy or sell property, you have probably heard about easements, and how sellers have a responsibility to disclose them to any prospective buyer. While this is rarely an issue, in some cases it can lead to serious legal problems that can negatively impact a real estate transaction. But what exactly is an easement, and how might it potentially impact your real estate sale?
What is an Easement?
In simple terms, an easement is a legal right that someone else has to use a portion of your property for their own purposes. For example, a power company may seek an easement to lay cables across your land, or a neighbor may get an easement to use a shared driveway that crosses your land. As they are considered property rights, anyone who has an easement over your land can potentially sue you if you attempt to interfere with their legal use of your property.
Why Might You Have an Easement?
While there are many possible reasons you may have an easement, they broadly fit into two categories. First, you may have an easement as a result of an explicit agreement, such as a contract with a utility company to let them build on your land, or a deal with a neighbor about how to use a shared waterway. Second, a court may rule that there is an easement by necessity, preventing a landowner from doing something like preventing a neighbor from accessing a public road just because they need to cross private property to access it.
How Might an Easement Impact Your Sale?
Generally speaking, easements are not problems, provided they are disclosed prior to the closing of the sale. However, a seller may run into trouble if they (intentionally or accidentally) fail to tell a buyer about an easement prior to closing. In some cases, it may bring the validity of the sale in question, and result in potentially months or years of litigation.
What Should You Do?
To ensure you are not caught by surprise by any easements, you should make sure to perform a title search, which can identify these sorts of legal issues. That is why you should contact experienced real estate lawyers, like those at Elovich and Adell, who can assist you with your case. The sooner you get in contact, the sooner they can get to work for you.
For more than 50 years, the New York lawyers at Elovich and Adell have represented clients like you in real estate cases. Our attorneys, conveniently located in Long Beach, handle personal injury, real estate, commercial transactions, criminal defense, and labor and employment claims all across New York State. For a consultation, please call us at 516-432-6263 or visit our contact page for more information.
