A right-of-way easement allows someone to use land owned by another for a specific purpose. Residential and commercial easements can modify a title deed and reduce land value. Easements are often exchanged between neighbors for access to specific areas. Attorneys may draft legal documents and fees may be charged. Commercial businesses also require easements for structures. Easements can be withdrawn for various reasons, but may require legal action. Real estate attorneys are trained to handle the end of these property rights.
A right-of-way easement is a legal document that authorizes a person or business to use land owned by another person for a stated purpose. Residential and commercial easements of this type can be used to modify a title deed to include permission to use land or space as required by law. Property easements can reduce the value of the land in some cases.
Residential easements of way are often exchanged between neighbors, or members of a community, who want access to a specific area that can only be reached by passing over another’s property. Easements are typically used to grant access to wilderness, national parks, and other public properties bordering private land parcels.
An attorney may be called upon to draft legal documents granting limited or full permission to use a tract of land. Legal documents often name specific people capable of using the easement. In some cases, easements are attached to a piece of property rather than a person. In these cases, the deeds for both properties may be amended to include details of the easement documents.
Residential easements can be arranged with a financial agreement. If the private landowner wishes to charge access fees, the amount and payment must be agreed before the legal documents are drafted and signed. Legal fees may also be charged to one or both parties.
Commercial businesses also require easements to place permanent or temporary structures on private land. Electric companies, for example, may need legal permission to place electric poles on a certain piece of property. Property owners may need to call a real estate expert for advice on property values after these structures are built. In the case of power poles, some people believe that high-energy power lines can cause health problems, which can cause potential buyers to distrust the home.
If a home is sold with an easement in place, the new homeowners may have the right to withdraw the easement papers. Typically, in the United States, reasons for withdrawing easement can include:
The landowner releases easements
Abandonment.
I do not use.
Improper use of land.
Change of owner issue easement.
Almost all cases of termination of right-of-way easement will have to be heard in a court of law. Real estate attorneys are typically trained to deal with the end of these long-term property rights. Handling paperwork, legal transactions, and recording all legal processes can require experience beyond that of a typical landowner.
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