Important Considerations when Granting or Acquiring Easements

When buying or selling real estate, the transaction often requires granting an easement to provide access, either physically or to utilities like water or electricity.  Briefly, an easement is the right of one property owner to use another's property for a specific purpose.  Commonly, easements are in the form of a right of way that allows the owners of a neighboring lot to pass over another’s land to access their own.  An easement could also allow placement of a well or access to a public water supply. Alternatively, a negative easement could provide that the owner of a lot will actually refrain from using his or her property in certain ways.  For example, a view easement could limit the height of any buildings to protect the easement holder's views.   

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