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Easements
If there's an easement on your property, someone else may have a right to use part of it for a specific purpose. For instance, your lakefront property might have an easement granting public access to the waterfront. These are normally established by the developer at the time the
subdivision is platted, to provide needed services to the development. If a utility company wants an easement that won't benefit a given property, such as using a strip of land for a high-voltage power line, it must pay the property owner for the property's diminished value (if the property owner refuses to grant the easement, the utility owner may be able to exercise its power of eminent domain to force his right).
It's also possible for your neighbors to have an easement on your property, whether to use your driveway to get to their house or to restrict you from blocking their view of the lake (view easement).
An easement may be created by a deed, by a will, or by means of an implied easement (i.e. a previous owner divided a single lot in half and the only access to the back lot is through the front one).
You may not be aware of an easement on your property until your title records are searched at the county recorder’s office and a subsequent land survey is performed on your property. If you haven’t had a survey done yourself, at least look at the prior owner's or lender's survey (if one is available) before you purchase a property.
If you discover an easement, check the wording. When a document grants an easement to a particular person, the restriction usually terminates when he dies or sells the property. But if it's granted to someone for a term of years or to someone and "his heirs and assigns," it's probably in effect no matter who owns the property. Unless and until the easement expires, your legal obligation is to refrain from interfering with that right. |
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征文，危机中的我们 (2008-11-3) cigmm 
楼主:vic3151
发表于 2014-11-27 18:06
