Important Easements


When it comes to property – we should always be concerned about encroachments; whether the seller’s use of 5 square feet of the neighbor’s property is a problem? Can we expect that the neighbor will continue to permit it? It is in fact a problem, and we cannot expect the permissive user to continue.

When it comes to easements the seller must establish the following: 1) the use was visible, open and notorious, 2) there was never expressed permission, 3) there was continuous use for at least 5 years, and 4) if the seller cannot establish these elements the use may constitute an encroachment over the boundary line and a trespass.

There are a couple of ways to settle an encroachment that must be negotiated prior to closing.  The seller or the new buyer could negotiate a settlement in return for compensation, or they could agree that an easement will never be granted, but the neighbor could give revocable permissions or a “license” to use the property.

These important easement issues should be handled professionally and before closing.  For more information on important easements and title related information, contact your Ticor Title Sale Executive.  Our customer service team is always ready to answer your questions.

Click here for Ticor’s Important Easements PDF for more information.

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