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FAQs about property easements when buying property

On Behalf of | Jan 17, 2025 | Real Estate |

Property easements can complicate real estate transactions, especially for first-time buyers. Understanding common questions about easements in New York can help you make informed decisions when buying property.

What is a property easement?

A property easement is a legal right granted to another party to use part of your property for a defined purpose. For example, utility companies may have easements to access underground lines, or a neighbor might have the right to use a shared driveway.

Are all easements permanent?

Not all easements are permanent. Some easements, known as “temporary easements,” last for a set period or until a specific project is completed. However, many easements, such as those for utilities or shared access, are considered permanent and remain with the property even when ownership changes.

How can I find out if a property has easements?

Easements are typically recorded in the property deed or with the local county clerk’s office. A title search during the buying process can reveal existing easements. Reviewing these records ensures you understand any rights others may have on the property you are considering.

Can easements affect property value?

Easements can impact property value depending on their scope and use. For instance, a utility easement may have minimal effect, while an easement allowing frequent access to your property could lower its market value. Buyers should assess how an easement might influence their use and enjoyment of the property.

Can easements be removed?

In some cases, property owners can negotiate to modify or terminate an easement. This often requires agreement from all parties involved and, in certain cases, legal action. Buyers should factor this complexity into their decision-making.

Know before you buy

Understanding property easements is crucial when purchasing real estate. Easements can affect property rights, value, and future plans. Before committing to a purchase, ensure you research and assess how any easements may impact your ownership experience.