What is a property easement? | AFX
- Duration: 3:05
- Updated: 20 Feb 2014
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0:00:02.590,0:00:05.100
So what is a property easement and how
does it affect
0:00:05.100,0:00:09.880
real estate and property title this is
Dave at titlesearch.com
0:00:09.880,0:00:13.780
an easement is a very specific type of
property right it
0:00:13.780,0:00:18.990
allows use a property or maybe
prevention of use of property but not
0:00:18.990,0:00:21.000
ownership of a parcel
0:00:21.000,0:00:24.510
there's three basic types of property
easements
0:00:24.510,0:00:27.779
there's an easement in gross there's an
easement appurtenant
0:00:27.779,0:00:31.750
and prescriptive easement so how does
this work let's say that
0:00:31.750,0:00:36.930
this is the road and here's two pieces of real
estate if you own this property
0:00:36.930,0:00:40.340
you have no way of getting to your
parcel
0:00:40.340,0:00:46.120
because the road doesn't connect to that
piece of real estate so what you have to do is
0:00:46.120,0:00:49.940
get an easement across this
0:00:49.940,0:00:53.320
parcel to get to your land locked property
0:00:53.320,0:00:56.329
in most counties it's required
0:00:56.329,0:01:01.520
that every legal parcel that is used for
residential commercial use
0:01:01.520,0:01:05.430
have access to a public road so in order
for this parcel
0:01:05.430,0:01:08.650
to be viable this easement has to exist as
negotiated
0:01:08.650,0:01:12.799
with the owner of the parcel along the
road so
0:01:12.799,0:01:16.740
if you have an easement across your
property
0:01:16.740,0:01:21.979
that easement allows this user to use that
part of the property for particular use
0:01:21.979,0:01:25.240
another common example of an easement is
for utilities
0:01:25.240,0:01:28.860
utility lines may need to go across one
property to get to another it
0:01:28.860,0:01:32.090
maybe power lines maybe sewer pipes for
water pipes
0:01:32.090,0:01:36.310
even things like cable TV need an
easement to get from one property
0:01:36.310,0:01:39.560
to another easements can be specified
on a deed
0:01:39.560,0:01:43.360
it can be specified an easement document
they can also accrue
0:01:43.360,0:01:47.049
from continued use so let's say for
example
0:01:47.049,0:01:50.579
there's a path that goes across a
property to get to a school where the
0:01:50.579,0:01:52.079
kids cut through every day
0:01:52.079,0:01:56.299
to get to school rather than going
around the block if that path is used long
0:01:56.299,0:01:57.640
enough without
0:01:57.640,0:02:02.619
interruption it may become an easement
just by continued use
0:02:02.619,0:02:06.380
that path different counties have
different rules on how long has to take
0:02:06.380,0:02:10.410
it's one of the reasons why if you're
driving by a downtown area and there's a
0:02:10.410,0:02:14.120
office building in there's public steps
to go up to the building
0:02:14.120,0:02:17.540
once a year you may find that commercial
property owner
0:02:17.540,0:02:21.739
put yellow tape across those stairs and they
document it so people aren't using those
0:02:21.739,0:02:22.720
stairs everyday
0:02:22.720,0:02:25.920
that way a prescriptive easement is not
created for
0:02:25.920,0:02:29.209
that property it's not typically part of
a land record
0:02:29.209,0:02:33.280
to have easements you won't find them
normally in deed books
0:02:33.280,0:02:37.160
or in lien books you may find them in the
zoning office
0:02:37.160,0:02:41.110
you may find them in the Assessor's
Office so make sure that if easements
0:02:41.110,0:02:43.310
are important thing you need to know
about on a property
0:02:43.310,0:02:47.769
that you have the search done correctly
to incorporate those into the report
0:02:47.769,0:02:51.430
if you have more questions about easements for
how they affect real estate
0:02:51.430,0:02:55.819
we have two web sites you might be interested in
one is called easementsearch.com
0:02:55.819,0:02:58.950
or our main website at titlesearch.com
http://wn.com/What_is_a_property_easement?_|_AFX
Thank you for watching this AFX Video Production!
For more information regarding Title Searching please visit us at:
www.titlesearch.com
For more information regarding Investigations and Research please visit us at:
www.afxsearch.com
For more information regarding Car Titles please visit us at:
www.cartitiles.com
0:00:02.590,0:00:05.100
So what is a property easement and how
does it affect
0:00:05.100,0:00:09.880
real estate and property title this is
Dave at titlesearch.com
0:00:09.880,0:00:13.780
an easement is a very specific type of
property right it
0:00:13.780,0:00:18.990
allows use a property or maybe
prevention of use of property but not
0:00:18.990,0:00:21.000
ownership of a parcel
0:00:21.000,0:00:24.510
there's three basic types of property
easements
0:00:24.510,0:00:27.779
there's an easement in gross there's an
easement appurtenant
0:00:27.779,0:00:31.750
and prescriptive easement so how does
this work let's say that
0:00:31.750,0:00:36.930
this is the road and here's two pieces of real
estate if you own this property
0:00:36.930,0:00:40.340
you have no way of getting to your
parcel
0:00:40.340,0:00:46.120
because the road doesn't connect to that
piece of real estate so what you have to do is
0:00:46.120,0:00:49.940
get an easement across this
0:00:49.940,0:00:53.320
parcel to get to your land locked property
0:00:53.320,0:00:56.329
in most counties it's required
0:00:56.329,0:01:01.520
that every legal parcel that is used for
residential commercial use
0:01:01.520,0:01:05.430
have access to a public road so in order
for this parcel
0:01:05.430,0:01:08.650
to be viable this easement has to exist as
negotiated
0:01:08.650,0:01:12.799
with the owner of the parcel along the
road so
0:01:12.799,0:01:16.740
if you have an easement across your
property
0:01:16.740,0:01:21.979
that easement allows this user to use that
part of the property for particular use
0:01:21.979,0:01:25.240
another common example of an easement is
for utilities
0:01:25.240,0:01:28.860
utility lines may need to go across one
property to get to another it
0:01:28.860,0:01:32.090
maybe power lines maybe sewer pipes for
water pipes
0:01:32.090,0:01:36.310
even things like cable TV need an
easement to get from one property
0:01:36.310,0:01:39.560
to another easements can be specified
on a deed
0:01:39.560,0:01:43.360
it can be specified an easement document
they can also accrue
0:01:43.360,0:01:47.049
from continued use so let's say for
example
0:01:47.049,0:01:50.579
there's a path that goes across a
property to get to a school where the
0:01:50.579,0:01:52.079
kids cut through every day
0:01:52.079,0:01:56.299
to get to school rather than going
around the block if that path is used long
0:01:56.299,0:01:57.640
enough without
0:01:57.640,0:02:02.619
interruption it may become an easement
just by continued use
0:02:02.619,0:02:06.380
that path different counties have
different rules on how long has to take
0:02:06.380,0:02:10.410
it's one of the reasons why if you're
driving by a downtown area and there's a
0:02:10.410,0:02:14.120
office building in there's public steps
to go up to the building
0:02:14.120,0:02:17.540
once a year you may find that commercial
property owner
0:02:17.540,0:02:21.739
put yellow tape across those stairs and they
document it so people aren't using those
0:02:21.739,0:02:22.720
stairs everyday
0:02:22.720,0:02:25.920
that way a prescriptive easement is not
created for
0:02:25.920,0:02:29.209
that property it's not typically part of
a land record
0:02:29.209,0:02:33.280
to have easements you won't find them
normally in deed books
0:02:33.280,0:02:37.160
or in lien books you may find them in the
zoning office
0:02:37.160,0:02:41.110
you may find them in the Assessor's
Office so make sure that if easements
0:02:41.110,0:02:43.310
are important thing you need to know
about on a property
0:02:43.310,0:02:47.769
that you have the search done correctly
to incorporate those into the report
0:02:47.769,0:02:51.430
if you have more questions about easements for
how they affect real estate
0:02:51.430,0:02:55.819
we have two web sites you might be interested in
one is called easementsearch.com
0:02:55.819,0:02:58.950
or our main website at titlesearch.com
- published: 20 Feb 2014
- views: 3