how to find easements on my property

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An easement is a legal allowance that permits the holder to apply or modify a slice of property that does not actually belong to him. Often, easements are used by utility companies that need to run wires and pipes beyond private properties and dig holes and erect posts to service them. In some cases, easements are created to permit a property'south neighbors and other individual parties to employ a section of the property for their own benefit. When an easement is created, it is created for a specific purpose – at that place is no catch-all type of easement that allows everybody to apply a section of holding or 1 that allows its holders to use the property for whatsoever unspecified purpose.

TL;DR (Likewise Long; Didn't Read)

Find easement information from canton holding records, local utility companies and the metropolis tax assessor.

Understanding Property Easements

Easements in gross. This blazon of easement benefits an individual or grouping, rather than a property. Public utility easements are easements in gross.
Easements appurtenant. An easement in appurtenant, as well known as a shared packet use easement, benefits properties rather than specific people and groups. An instance of this blazon of easement is a shared driveway that is technically on i bundle of land, simply fastened to its neighboring parcel.
Prescriptive easements. These are easements created through the continued use of a property without its owner's permission. This could be a debate or another construction on the belongings.

For prescriptive easements to become legally valid private property easements, the unauthorized, observable use of the property must go on for a specific period of time. In California, this menses is five years. In Texas, information technology is 30 years. Easements are attached to their properties, and then they generally remain in place when the properties are sold to new owners. What this means, in most cases, is that when a new buyer purchases a belongings, she purchases it with the easement. She cannot typically interfere with the employ of that easement by another party, whether a utility visitor that needs to use the property to serve the area or a neighbor who uses a path on the holding to access a nearby pond; users of the easement continue to have that right even afterwards the new possessor takes possession of the belongings.

Other types of easements are: limited easements, which are created through private agreement between landowners and recorded with their land deeds, and implied easements that arise out of necessity. An instance of an implied easement is a belongings owner's use of his neighbor's private road in society to access the main road.

Visit the Revenue enhancement Assessor's Office

The showtime stop for belongings owners or potential buyers who seek information about individual property easements is often the city revenue enhancement assessor's office. Often, you lot can find the data you're looking for here, but not always. This is because easements are not role of a property's tax cess, so although the assessor could have information about easements and shared parcel use in his records, he might not have all of it, and the data he does have might be outdated or incomplete.

Other Ways of Finding Easement Information

For accurate information about public land easements, private property easements and shared parcel employ, a belongings owner or potential buyer should head to the county clerk and look at the holding'southward public records. Legal records of easements in gross and easements appurtenant can exist found with transfer deeds and other documents related to a belongings. Finding out whether in that location is a prescriptive or implied easement on a property can be trickier considering proving that this type of easement exists requires the easement'south user to testify that it fits the criteria for a legal easement, and this criteria varies from country to state. Prospective buyers concerned about these kinds of easements can work with existent manor lawyers to determine not simply whether easements are present on a holding, but also their validity.

Another source of data about utility easements is the utility companies themselves. Property owners and prospective buyers can contact utility providers and request information nearly existing easements on specific parcels of land.

Individuals considering buying property tin also seek easement information from their championship insurance providers. A title insurance provider verifies existent estate titles and provides owners and prospective owners with information nearly liens, easements and other issues well-nigh their properties that could lead to lawsuits and title disputes.

Easement Rights for Property Owners

When a property with an easement in gross is sold to a new owner, the easement on the land that permits use by another political party remains in place. Nevertheless, the holder of the easement cannot sell the easement itself. This is true of public land easements and private property easements – if a utility visitor or another easement in gross holder no longer needs their easement, they cannot sell or transfer information technology to some other holder without the landowner's consent.

An easement appurtenant remains in place when either property involved is sold. A new purchaser is typically required to bide by the easement, though she may challenge information technology by removing the feature that originally fabricated the easement necessary, by executing a release agreement by quieting the title. Quieting a property's title is a legal action past which the owner asserts that an easement is not legitimate for some reason, such as an incorrect survey of the holding boundary or that the easement had been relinquished through a quitclaim human action.

Source: https://legalbeagle.com/6313796-easement-information-property.html

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