Title Encumbrances 101: Access Easements

An access easement doesn’t have to be a dealbreaker, but it’s essential to know what you’re getting into. With careful research & advice (much like what you'll find in the paragraphs below), you can address any potential challenges and make an informed decision. 

What Is an Access Easement?

An access easement grants someone the legal right to use a portion of a property for access. For example, a neighbor might have the right to use a driveway or pathway that crosses your property to reach their own. While this can seem like a small detail, it can lead to potential challenges.

What to Consider:

• Shared Use and Maintenance: Make sure you're able to get on the same page with anyone who has access to utilize the area. Especially, in regards to maintenance and planned use of the property.
• Privacy Concerns: Knowing that others have the right to enter or pass through part of your property may feel intrusive.
• Impact on Property Value: If you plan to sell the home in the future, some buyers might view the easement as a drawback.
• Limitations on Changes: You may not have the freedom to modify or build on the easement area, which could limit your plans for the property.

What You Can Do:

• Understand the Terms: If an easement exists, clarify who has the right to use it, their responsibilities, and how it may affect your property rights.
• Negotiate Upfront: If the easement feels problematic, you can negotiate with the seller or neighbor to modify or limit its use. In some cases, legal agreements can be amended, but this will require mutual consent and potentially legal assistance.