Definition of Easement for a Mortgage
Purchasing real estate can be a complicated process if you are misinformed. Understanding important terms and definitions can help to ease the stress of the closing process. Easements are the rights a third party has to a portion of someone’s property.
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Function
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An easement for a mortgage is a clause that permits someone to access or use your land for a specified purpose. Typically, easements are provided for utility companies. The utility company will need access to your property over the course of ownership for maintenance and improvements to the utility services.
Features
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The terms and conditions of the easements should be defined within a deed recorded under the property address. These conditions should list the specific size of the portion of land included in the easement and who or what companies are covered under it. This information can also be found in the legal description of the property.
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Types
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Common easements include the right of way, typically used by road maintenance services, and the right to light, used by electric companies. Underground services such as water, gas, or telephone lines can also be included in the easements to a property.
Appurtenant Easement
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This type of easement benefits an adjacent property owner. Most often appurtenant easements are seen when a property owner allows his neighbor to use a common driveway. These easements can be granted through the owner’s written permission. However, a prescription easement may arise after the owner allows the access for many years. After a certain amount of time with no objections from the property owner, a prescriptive easement may be established without the owner’s written permission.
Considerations
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When purchasing new property, you should speak with the real-estate agent about easements. Some easements will be transferred with property ownership. You should be aware of any easements before closing the deal.
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