Checking for Easements in the Twin Cities?
Let Our Minneapolis and St. Paul Real Estate Attorneys Help
An easement can give access to a landlocked parcel, or it may be put in place for conservation. Before purchasing a property, a buyer should check for easements. If there is an easement on the property, the buyer should contact the St. Paul and Minneapolis real estate lawyers at Steven H. Snyder & Associates for legal advice on the easement and how it affects the property.
Types of Easements
- Easements by Gross: The utility, water and sewer companies all have easements on a piece of property. These types of easements are usually underground or above the ground, therefore do not consist of actual land and usually do not affect the property owner. If a utility company places an easement over property owned by you, the utility company must pay you the amount that its easement diminishes the property value.
- Easements by Prescription: A portion of property used by another individual or entity may become an easement because of unchallenged use, if a formal objection “to start the clock over” is not filed.
- Conservation easements: A conservation easement may be placed on a large piece of property in the hopes that it will keep the property from being taken for a large construction or public byway project. Conservation easements may be taken by eminent domain, if the project cannot be located elsewhere.
A conservation easement may keep a property from being developed, but the property owner must remember that a conservation easement may reduce the property value, and it will also affect future owners of the property. A Minneapolis and St. Paul real estate attorney can advise a property owner of his or her rights regarding conservation easements.
Should an issue arise because of an existing easement on an individual’s property or because of an entity trying to create a new easement, the property owner should contact a qualified real estate attorney to advise him or her of the rights regarding easements.