Easements - Blessing or Curse?
By Jim Palmer Jr.

One of the first questions usually asked by a buyer concerning a parcel of land is whether there is an easement across the property that serves another land owner. That fact is easily verified by reviewing the title report prior to closing. If that is the case then the parcel of land is considered “burdened” by that cloud on the title. The end-of-the-lane property is usually benefitted by the easement but all of the properties along the lane are considered burdened even if they are also benefitted by that same access.

Why do buyers consider this type of scenario to be a negative thing? That depends on where the easement is located of course. If the lane is narrow and located in close proximity to homes or buildings it can become a point of constant contention between neighbors. I traveled such a lane recently where the burdened property owners had placed speed bumps in the road to assure that easement travelers would adhere to a slower pace, at least when they drove by their house.

Other owners have initiated conflict with neighbors by installing a gate, or multiple gates to facilitate livestock grazing or just to be difficult, because they can. Access in those cases becomes more laborious because the benefitted property owners must get out of their vehicle to open and close gates every time they go or come. Of course burdened property owners must provide a key to any locks placed on those gates, and cannot refuse access even though they are substantially controlling the nature of the access. Some well-written easements prohibit the use of gates, some limit the quantity of the traffic or number of building sites that could be created in the future, and most require a road maintenance agreement of some sort.
In a recent example, a seller could not guarantee to any new buyer that utilities (power, internet, gas) could be brought into the new home site simply because the easement document was poorly written and only granted access (ingress and egress). It did not account for the placement of utilities on that easement. It didn’t help that the reluctant neighbor would not cooperate in granting additional utilities easement.

When you purchase property, take care to create contingencies in the contract that allow for your review and approval of any of these types of title issues. Make sure your broker has the expertise to protect your interests.