Suppose you recently bought a house with a beautiful landscaped backyard that you love. Then one morning, the local electric company shows up, claiming they have an easement through part of your yard so they can maintain the lines. However, you didn’t know anything about this. What can you do? Unfortunately – nothing. Since the electric company has the right to access their lines, all you can do is watch while they dig up your yard.

To keep from being taken by surprise when purchasing property, 1) you need to understand what easements are; and 2) you should research the property deed to see if any easements exist for your property.

An easement allows designated individuals the right to use or access your land or property for a particular purpose even though they don’t own your property. Easements can be granted to a neighbor, for example, so they can access their property through yours; or to a company, like the gas or electric utility, so they can bury and maintain lines. Easements are usually outlined in a legal agreement or deed that the landowner must sign and that is recorded with the local assessor’s office. An easement is permanent until both the landowner and the other person/entity agree to remove it. Easements remain in place even when the property is sold.

You may also hear the term, “right-of-way.” A right-of-way refers to the actual land that is being used for a road, transmission lines or other means of access.

Some different types of easements include:

• Easement in gross – A public utility line easement is an example of an easement in gross in which only property is involved. The landowner’s rights are not considered in these instances.
• Easement by necessity – This type of easement usually occurs due to a court order when a piece of land has no public road access. For example, suppose you bought a piece of land that is landlocked by property owned by others. In order for you to access your land, you would need an easement, so you could drive over one of the neighboring properties in order to reach your property.
• Easement by condemnation – In this scenario, your property can be condemned by the government in order to obtain your land to use it to build a new highway or school.
• Easement by prescription – Suppose you own a piece of land and your neighbor puts up a fence that’s within your property boundary by a few feet. If your neighbor did this without your permission, but you’re aware that the fence is on your property and you do nothing about it for five years, then your neighbor may be able to claim the easement by prescription.

When you purchase a home, make sure you know about any possible easements on your property. You’ll need to know the exact location of the easement, its size, how it’s used, and if there are any restrictions associated with it. For example, you may not be able to build any structures within the easement area or put up a fence which would keep others from accessing the easement. Also you may be required to maintain the area, such as mowing the grass or shoveling a walkway. And never assume that just because the easement isn’t currently being used, that it likely won’t be used in the future.

If you have any questions about removing a easement from your deed, you should talk with a real estate attorney.

Also, talk to an experienced mortgage broker before you buy a home or property to determine the best loan option for your situation.