An Easement is when someone is granted a legal right to use the property (or part of it), but the legal title to the land itself remains with the owner of the land. Most commonly, easements are granted to utility companies to run power lines and cable lines.

Normally, the person with the benefit of the easement will have the right to come onto the land to maintain the easement.

The easement document is usually in a standard form and prepared by the utility company. This will then become a burden on the title and will usually last for as long as agreed between the parties. Easements may extend in perpetuity and continue even if you sell or transfer the property. Easements affect the value of the land. The size and type of easement, as well as the market for land, determines how much effect the easement has.

It is therefore important that before you enter into any type of easement, that you take specialist legal property advice.


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