Determining If Your Neighbor’s Easement Is Transferable

There are several different types of easements and the answer to whether the easement will transfer with land that is sold depends both on the kind of easement in place and the laws in the state where you live. Read on for more information about easement rights and what happens to an easement when a home is sold.

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What is an Easement?

An easement creates a limited property right for a third party to do something on land that doesn’t belong to him. In other words, when a property owner grants someone an easement, that person has been granted legal rights regarding land that doesn’t technically belong to him.

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What is a Right of Way Easement?

A right of way is a type of easement that allows a person to use another person’s land to travel or pass through. Typically, right of way easement is a roadway or pathway for travel through the lands of another that benefits a particular person or benefits another parcel of land. This type of easement allows reasonable use for the passage and right of travel to the person holding it, or for the land whose benefit the right of way easement was established for.

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