EASEMENTSThe study of real estate law reveals an array of nuances which affect the ownership of property. Among those you may confront are easements, defined as the right of one party to make use of another’s real property. Generally, their purpose is to maintain utilities or to facilitate pedestrian or vehicular access. Understanding the term “easement” requires differentiating between possession and use of property: Easements constitute a non-possessory interest in property. They encumber land owned and possessed by another party, but grant both the title holder and the easement holder simultaneous use of the same parcel of land. Further definition designates easements as affirmative or negative. In the affirmative form they may, for example, grant a right of vehicular use, permitting a specific activity on the land burdened by the easement. In contrast, a negative easement imposes restrictions, such as the preservation of a waterview for other property owners, upon the owner of the encumbered land. Complicated title documents and property definitions frequently necessitate legal review in order to distinguish easements from such other types of property ownership as licenses (contractual rights which permit activities on another’s land) or property leases (exclusive possessory interests in another’s property). A real estate professional is an invaluable resource for information on this subject. Likewise, your attorney can resolve any legal questions of title you may have. AMERICAN HERITAGE REALTY
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