Easments, a Property Right 
By Jim Palmer Jr.

Property rights seem to be an ongoing hot topic since there are many people or entities that seem particularly intent on infringing upon those rights. Ownership of property is one of our country’s basic rights that we should never take for granted! While actual unfettered ownership is the highest and best use of this concept, there are property rights that can be used to one’s benefit without actually owning that particular piece of property, such as easements.

Easements are created for specific uses, most often to allow travel across another’s land to access property that does not front a public road. Easements can also be created for structures and other uses such as; wells, fences, power lines, or buildings. It is not uncommon for someone to protect a view with an easement or even air space such as in an aviation easement near an airport.

Most easements are non-exclusive and perpetual in nature, which means they run with the land forever and are not people specific, but property specific. As a real estate professional I have heard several wives tales through the years concerning easements that seem to be common misconceptions. One such idea is that an easement can be considered abandoned because of non-use. Just because the benefitting landowner has another access point or they have not used an easement for a long period of time does not mean it is any less valid. The only way it could be expunged is by court action or by the benefitting property owner’s written and recorded decree, thereby legally eliminating the easement.

Another common misconception is that a verbal agreement or continual notorious use of an access makes it legal and perpetual. “I’ve been using this access for years and so it’s grandfathered in,” said one landowner to me. While it may be true that this landowner might have an arguable case for an adverse possession lawsuit (depending upon the time frame of usage and whether it was adverse, open and notorious use), it never happens automatically. It takes a lawsuit and court decision to make such an easement valid and binding, unless the burdened land owner voluntarily grants a legal easement.

In a recent case, a selling land owner expressed concern that the neighbors well was on their property and though they had given verbal permission for this encroachment, a proper easement document had never been recorded. Such owners should take action to record such easements in a timely manner since passing that unresolved issue on to the next owner could cause much grief for the benefitted neighbor and possibly create litigation that could come back to bite the seller.

Past Articles

Apparisal vs Market Analysis
Many property owners find the need to have a professional .... MORE...

Bountry Disputes
Some property owners are alarmingly indifferent about dealing with boundary disputes .... MORE...

Don't Give it Away 
Designated Brokers (the firm’s boss) periodically receive calls after closings from disgruntled buyers or their agents.... MORE...

Don't Give it Away 
The airwaves and internet reels these days are full of persistent ads by predatory home buyers.... MORE...

 

Avoid Expensive Mistakes
A few years ago a property owner became entangled in an unfortunate.... MORE...

 

Home Buying Qualifications
Selling a home can be a process fraught with frustration.... MORE...

 

Black Mold?
So, you have black mold in some of the corners of your house?.. MORE...

 

Why Purchase Title Insurance?
In a recent personal transaction where a buyer was purchasing... MORE...

Why Experts Get Paid More
After moving around the world a lot, a middle-aged woman  felt she knew a thing or two about selling.. MORE...

 

 

Attorneys, A Vital Resource
While reading a Client Review concerning a closed transaction, I noticed... MORE...

Is Your County Looking Out for You?
During a recent residential acreage sale, a well was tested for quality ... MORE...

Buyer Misconceptions
In a recent case, a buyer fired their broker because they misunderstood the buying process and ... MORE...

Buyer Expectations Unrealistic?
After several years of a seller’s market where sellers had most of the... MORE...

Accurate Market Anaylsis
Brokers are often asked by potential sellers to give a valuation of their property, especially early  in the year before the market... MORE...

Good News for USDA Loans
Many buyers know that there are zero-down-payment loans available for Veterans .... MORE...

Homeowners Insurance
Beginning a successful real estate career is quite difficult for most new brokers for a lot of reasons.... MORE...

Homeowners Insurance
One of the burdens that buyers are facing in the coming year is the rising cost of homeownership... MORE...

Top 6 Real Estate Issues
The last two years has seen an unusual lull in the real estate market.  Instead of a typical... MORE...

Artesian Wells
There are some misconceptions concerning water wells that have been perpetuated for years, one of which concerns artesian wells. The fact that property has an... MORE...

Contract Performance
Invariably after real estate transactions are closed there are issues that surface where one of the principles is not happy because the contract... MORE...

Thinking of Buying a Home in the Country?
If you are thinking about buying rural property this year,... MORE...

Bird's-Eye View
Modern technology has provided many tools that have enhanced our ability to work smarter ... MORE...

Will Your Property Sell in the Winter?
Most sellers remove their house or property  from the market in the winter... MORE...

Rules of Engagement?
Buyers competing to purchase real estate can be frustrated at best and exasperated.. MORE...

Rules of Engagement?
Buyers competing to purchase real estate can be frustrated at best and exasperated.. MORE...

Truth Telling
Have you ever been around someone who always starts out their sentences with, “Honestly“... MORE...
 

Flush and Forget
As my wife can attest, I love a good western movie! Many of my favorites romanticize the idea of the... MORE...

Open Range
Most people think it is reasonable to expect a seller to be honest in disclosing... MORE...

Disclosure Requirements
Most people think it is reasonable to expect a seller to be honest in disclosing... MORE...

When Weather Becomes the Deciding Factor
Out-of-area-buyers often only look at property during seasons of the year when there are ...MORE...

CCR's
The acronym above stands for Covenants, Conditions and Restrictions and usually refers to the  ...MORE...

Best Practices
For over 100 years Realtors® have diligently worked to conform to the best business   ...MORE...

What Stays?
Once during a pre-closing walk through of a recently vacated house I noticed that most of the light bulbs were missing along with  ...MORE...
 

Quit Claim vs. Warranty Deed
Quit claim deeds are commonly used when parents or ...MORE...

Why Market to a Bunch of Realtors?
Once in a local radio blitz by a new innovative discount brokerage, they mocked the strategy of  ...MORE...

Does the Seller Benefit from a Well Represented Buyer?
The current environment in the real estate industry can be fraught with many pitfalls and ...MORE...
 

Is Cash Really King?
It is a common practice for loaded investors to wave cash (figuratively) in the face of a seller...MORE...

No Trespassing!
Owning property in this country is one of our basic rights that we should not take for granted...MORE...

Trespassing
Brokers are often asked by property owners to prepare a Comparable Market Analysis (CMA) some of the reasons a property..MORE...

Market Analysis
Brokers are often asked by property owners to prepare a Comparable Market Analysis (CMA) some of the reasons a property..MORE... 

Aerial Photos are a Great Tool
Some time ago one of my agents brought a new listing into my office to get my opinion.  I quickly scrutinized the listing data..MORE... 

Common Sense
In a rerun of the TV classic, Leave It To Beaver, I was tickled by one of the interactions between Wally..MORE... 

Does a Buyer Have Recourse?
With most home purchases the buyer negotiates the opportunity to perform a final walk through..MORE... 

The Endowment Effect
In a real estate transaction the stakes are usually high, whether it’s economic...MORE... 

Times have Changed
A recent class action lawsuit is now settled and ratified by the court ...MORE... 

 

Your Manufactured Home
Manufactured homes have been around for many years now and may get a bad rap...MORE... 

Accurate Market Analysis 
Brokers are often asked by potential sellers to give a valuation of their property,...MORE... 

 

 

Price Reductions, on the Rise
In a recent blog by a reputable broker a statement was made that...MORE... 

 

Crops and Property Sales
In the fundamental real estate course that every licensee must pass  ...MORE... 

 

Blame the Government?
It seems fascinating that many US citizens think our POTUS is like a king  ...MORE... 

Easements, A Property Right
Property rights seem to be an ongoing hot topic since there are many people  ...MORE... 

Low Appraisal?
There are basically two processes of qualification when a buyer decides to purchase ...MORE... 

Title Hiccups
After many years in the real estate business, it still surprises me when property owners are unaw ...MORE... 

What Stays with the House?
Many times after a sale is completed or at the final walk-through by the buyer just prior to ...MORE... 

Big City Broker Syndrome
A seller recently fired a big city broker who had done a great job prepping for an upcoming ...MORE... 

The Power of MLS
For years the Multiple Listing System that is used by real estate brokers across the country ...MORE... 

Another Permit?
The recent sale of a quality manufactured home reminded me that there is a gap in understanding concerning the proper permitting that is required for installing or altering manufactured home was installed ona  city ...MORE... 

 

Seller Costs
As a real estate professional, I have often been asked to provide a Market Analysis for potential selle ...MORE... 

Buyers, Don't Fool Yourself
Recently a buyer traveled from the west side of our state to view several properties hoping to identify one ...MORE... 

Caveat Emptor
In the past, real estate buyers took more risk than in these modern times. Improved business practices now demand full disclosure ...MORE... 

Buyers, are You Prepared to Pay your Own Broker?
Recently the NAR (National Association of Realtors) agreed ...MORE... 

The Bugs are Here
Spring is here and the bugs are out! This is one part of country living that can be difficult! ...MORE... 

Adverse Possession
The other day an inquiry came across my desk concerning a fence encroachment ...MORE... 

Do I Have to Tell?
What if someone died in a home?  Is the real estate broker obligated to disclose this information? ...MORE... 
 

The Best Time to Plant a Tree
This March I attended an annual community Crab Feed in ...MORE... 

Is It Illegal to Record Audio on Ring Cameras?
We live in a world that relies more and more on artificial intelligence which includes having our actions monitored in many settings...MORE... 

More about Wire Fraud
Is wire fraud still a thing in today’s real estate environment?  According to ...MORE... 
 

Buyer Brokerage Services Agreement
Times have changed for buyers in the real estate industry ...MORE... 

Boundry Dispute? Not Yet.
One of the questions for sellers, on the mandated State disclosure statement, asks ...MORE... 

Should You Pass on the Home Inspection?
 In a recent real estate transaction a buyer was convinced by ...MORE... 

Realtor Code of Ethics - Excerpts
It is common for some water wells to experience loss of water quality over time ...MORE... 

Need to Rehab Your Well?
It is common for some water wells to experience loss of water quality over time ...MORE... 

Do You Have to Rent to a Criminal?
Those in the real estate industry who manage rentals are careful to adhere to ...MORE... 

Landlocked 
For the second time in a week I’ve come across the situation where ...MORE... 

 

Broker Compensation Conflicts
For the second time in a month Realtors® have been accused in a law...MORE... 

Over Priced?
One day I received a call from a buyer who was expressing interest in a property that...MORE... 

Contract Enforcement
When something goes awry after the close of a real estate transaction, the first person on the list ...MORE... 

Best Practices
For over 100 years Realtors® have diligently worked to conform to the best business practices of the times. Even the term, Best Practices suggests that such methods are continually evolving and improving ...MORE... 
 

Manufactured Homes
Manufactured homes have been around for many years now and may get a bad rap sometimes. Since ...MORE... 
 

Will Your Property Sell in the Winter?
Most sellers remove their house or property from the market in the win...MORE... 
 

Could Legal Verdict Change Commisions?
A jury recently handed a loss to the National Association of Realtors® in a case where the complaint...MORE... 

Benefit to Buyers
On January 1, 2024, major changes to the Law of Agency will go into effect...MORE... 
 

Agency Law Clarified
Since 1996 the State of Washington passed a new statute that defined and clarified agency law...MORE...