An easement is a right in another land. It is a non-possessory right that allows an individual to enter or/and use land belonging to another. Easements have a legal identity, so it is possible to enforce one in court.
Easements are significant for developers and property buyers. It is because it can undesirably disturb a peaceful living arrangement or stop a plan from progressing.
An easement allows someone to use a part of the land for a specific purpose despite not owning the land. It’s like a two-edged sword, which means that an easement can negatively impact a property since it restricts the property. In contrast, it could also add to the value of the property.
Some common forms of easements are sewerage, drainage, and right of way. Before purchasing any property, a potential buyer should always reflect on the consequences and restrictions of an easement. A new developer might have an easement that conflicts with the plans, so that it might hinder the plans.
Easements can be of different types, so it’s essential to understand them.
Types of Easements
What does Cohen Handler easement mean? Easements can be different types, denoting that the requests and limitations retained on your capability to develop land would vary. To understand Cohen Handler’s easement meaning, we need to be familiar with the different types of easements.
- Utility easements: – It is an agreement between an owner of the property and a utility company to permit water pipelines, power lines, or other various types of property to pass through the property. The easement allows them to access the land for maintenance, repair, and replacements of any utility parts.
- Support easement: – This kind of easement is related to excavation works being carried out on the land. Although it is similar to a utility easement, it does require excavation works—for instance, the establishment of natural gas or power lines.
- Private easement: – It is an agreement between two parties for the user of a piece of property for personal reasons—for example, the right to park, etc.
- Easement by necessity: – It is one of the most common forms of easement witnessed today and regarded as ‘right of way easements.’ One party uses the property belonging to another like a driveway to access their part of the land.
- Easement of Air and light: – This is a necessary easement. It restricts one party from constructing walls or buildings so high that it blocks the air or light of another/
- Easement for sewerage and artificial waterways: – It deals with rights and limitations for sewerage, canals, and channels.
Effects of Easements
Easements are legally recognized and enforceable rights. It means that it is impossible to overlook an easement before you invest in the property. You need to inquire about them and check which one is currently enforced.
Easements can also be bought or legally applied for. However, it is better to let your lawyer negotiate a deal with the other party about it. Easements can affect your property both negatively and positively, so always ensure that before buying any property, you make your mind about the ones you want and the ones that you don’t.
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