What is an Easement?

Prior to purchasing property there are numerous items that need to be taken into consideration. Property easements are one of those items.

The general definition of an easement is the legal right to use another person’s land for a specific purpose. Utility Easements are the most common easements we see in Franklin County. A good example would be, the electric company may have an easement to run electrical components across your property. In order for this to occur the electric company must have an easement of record giving them permission to do so. It would also give them permission to access the land specific to the easement for any general future maintenance. While you may be the owner of the property, the electric company will have the right to access a portion of your property for its components.

Easements will not change when the property is sold. Any prior owners of the property will be required to honor the terms of the original easement.

The most common issues we see at Axxis Title are related to sheds/fences that are built into the utility easements. If the utility company needs to bring equipment in to service their components they will need to move the shed/fence at the expense of the home owner. It is very important to get a survey done prior to building any structure to ensure you have not encroached on an easement.