An access easement allows or prohibits the rights to enter the property of another for a specific purpose, and is typically done without any transfer of ownership. This type of easement takes many different forms, and is frequently found in transactions dealing with large acreages or vacant land for sale.
One type is known as the appurtenant easement, and is tied to the property itself: here, the document outlining access gets recorded along with the deed and title so that when the property is sold, the easement is nullified. Some examples of appurtenant easements are:
- Public utilities
- Some sidewalks
With private easements, it’s less likely to find one that’s tied to a property. One type of private easement is an easement of necessity / right-of-way easement. For example, a landlocked property usually has this agreement as it allows the property owner to travel over adjoining land to reach their property. As long as the need continues (i.e. no direct access to a public road is created), the easement remains.
Some private easements are for access that isn’t essential. Neighbors, for example, may grant access over their property to other neighbors to get to a local lake or forested area. This agreement typically does not transfer with the property when sold- new owners are responsible for obtaining a new one.
Sometimes, an easement occurs over time through neglect: if Owner 1 travels over land owned by Person 2 for a period of time with no opposition, the situation can generate a prescriptive easement. Even though Person 2 is technically accessing the property without permission, Owner 1 hasn’t officially denied access. Laws governing the amount of time for an easement to become prescriptive varies from region to region.
Whenever possible, it’s vital that access easements be properly explained, detailed, recorded, and filed. They should also identify how to terminate the agreement and how to address violations. If you’re looking for commercial land for sale, or need professional real estate information, consider AllAcres. As a widely respected online source for land sales, AllAcres can help you find everything from real estate agents to vacant land for sale. Our land investment directory is the most comprehensive in the state, and our goal is always to help buyers and sellers connect through our diverse online source for land sales. To view our complete online investment directory, contact us online.