Once you’ve found the perfect home, you might be surprised to find yourself having to bypass real estate relief. You should include learning relief on your list Steps to Buying a Home because the rights granted by a relief could affect your privacy and future plans for the property.
What is a relief for a property?
A relief grants someone else the limited right to use your land for a specific purpose. Common facilities include access to shared driveways or sidewalks, utility access to cables and plumbing, or access to a pond or hunting land adjacent to the property. In some cases, relief may be inconvenient, e.g. B. when someone can cross your property to reach their property.
Before buying a home as a buyer, you as the buyer should determine whether the property has any relief. If you work with one Real estate attorney or Title companyYou are conducting an easement search on your behalf.
Follow these four simple steps to find real estate relief on your own:
- Inquire at the land registry of the district or the district clerk whether the previous document shows a relief.
- Check with the utility companies to see if they have any real estate relief.
- Order a real estate survey to determine any easements and their location.
- Ask the owner for a warranty statement. A guarantee deed shows that the founder (or current owner) warrants or warrants that he owns legal ownership of the property. It also shows property relief.
When you find the property has some relief, you want to know if the property you are buying is previously the dominant or servant property make an offer. If you own the dominant property, you are the easement user and can make full use of the property under the terms of the easement, often when appropriate.
If you own the service property, you must allow the dominant property owner to use your property under the relief terms. Here is an overview of the most common types of easements used in real estate today.
Common types of easements and how they affect you as the owner
Different easements have consequences and require action based on the terms of each easement. Here is a list of the most common easements and how they can affect you as the owner.
This type of relief gives public utilities – gas, electricity, water, and cable / internet companies – the right to access and maintain equipment on your property to provide services to the entire community. This relief does not give a utility company the freedom to do whatever it wants on your property, only the right to take whatever action is necessary for the good of the community.
For example, the utility company may install underground lines or utility poles without your permission. A utility relief can also limit your own actions on your property – like planting a tree – that could disrupt power lines.
These easements give the public the right to use the area according to the easement. For example, if you have a sidewalk in your yard that leads to a local park, people can always use that sidewalk if the city has a relief for it.
This type of relief is tied to the property itself and persists even if the property changes. An example of this is a relief on a property that has the only access to a private fish pond shared by two neighbors. Even if the property is sold, the new owners must continue to grant their neighbors access to the pond via the easement, as the easement remains with the apartment.
Relief in gross
A gross relief is tied to a person or organization, not to property, such as B. Easements. Another example could be a relief that allows a friend to hunt or fish on your property. Since you have given relief to a specific party, the relief is irrevocable until you, the owner of the relief, either die or sell the house.
When selling a property, the seller can transfer the easement gross to the new owner, but can refuse the easement. However, if the relief was given to a public body such as a utility, the public body could challenge the denial in court. A new homeowner can also transfer the easement to a new service object, but the dominant easement owner cannot transfer his rights.
As in the fish pond example above, your friend cannot transfer the easement to another person and give them the right to use your property. The utility company cannot transfer its easement to another company without your consent as the owner. Every new homeowner buying a new property must apply for a new relief.
Implicit easements are not written contracts. However, if, over time, two neighbors have consented to a particular use of the property in a particular way, an implicit relief can serve as legal theory for the non-owner party to obtain relief. If a dispute arises, that habit or previous pattern of use serves as the ground for relief. Implied relief does not appear on a deed and could be contested if ownership changes.
Prescription relief occurs when someone regularly uses your country openly for a specific purpose over a period of time. For example, suppose your neighbor is cutting across the property as a link. You may not have an official road, but continued use without objection from the owner could provide mandatory relief.
Another example of mandatory relief would be when a homeowner allows the neighbor to use their boat dock. The neighbor never specifically asked for permission, but has been using the boat dock for five years. The neighbor could be given prescription relief to continue using your property for such activities.
Relief through necessity
Necessity relief can be given out of an absolute need when your property is between your neighbor and access to their land, such as a public road or sidewalk. This can also be the case in internal situations, if your property is behind another property without street access. Necessity relief can be either implied or written based on the fact that the other party must be able to make full use of their property.
How can you deal with negative relief?
Once an easement is established, it remains either with the property or with the person, depending on the type of easement described above. A change of ownership does not always offer reasons to revoke an existing easement. As a new owner, you must comply with the relief conditions. If you want to take action to provide relief, you can reach out to a local real estate attorney in your area for help.
Some easements may also have an expiration date. Instead of fighting an unwanted easement, you can just wait for it to expire. You can also speak to the involved party to see if they release their easement rights. If this approach fails, another remedy is to be offered buy their land. Merging the two properties under one owner removes the need for relief.
If you can terminate an easement, you must record the termination in the local recorder’s office. Recording the termination will also help you with future problems.
As a new homeowner, you may need to follow a few rules related to getting relief on your property. Understanding the type of easement placed on the property will help you decide whether to contest the easement or leave it.
Redfin does not provide legal advice. This article is for informational purposes only and is not a substitute for professional advice from a licensed attorney.
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