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At some point, you might come across the terms “easement” and “right of way.” These terms both imply another person or entity may have use of your property. As a homeowner or buyer in the market for a home, you’ll want to thoroughly understand both of these terms and how they can potentially affect you.
An easement enables one person to use another’s property for a stated purpose. This could be a public use, such as water, electric or gas utility companies, or for a private one as an agreement between neighbors. There are three primary types of easements:
None of these forms of easements grant any type of ownership to the individuals using the easement rights.
Right of way is a type of easement, but it works a little differently. What this term means is other people are allowed to pass through your property. The right of way may be a public or private option. For instance, if your neighbor’s house is located behind yours and has no way to reach the main road unless they pass through your property, this would be a private right of way. On the other hand, if a road passes through your property to access a beach, park or other public space, this would be considered to be a public right of way. The right of way has no effect on ownership.
Some types of easements can be terminated after a specified period of time, however, easements attached to a deed often remain that way in perpetuity, even if the property changes hands. Here are two ways easements can be in placed into effect:
Both easements and right of way can grant others to rightfully use your property. Whether you are selling or buying a home, it’s always important to know if an easement is attached to the deed. If an easement isn’t found on the home’s deed, it’s a good idea to also check public records. Easement stipulations are a complex topic. An established easement could limit what you can do with your property in the future, so always be sure to check before purchasing any property.
Hi, I'm Anna Woods and I'd love to assist you. Whether you're in the research phase at the beginning of your real estate search or you know exactly what you're looking for, you'll benefit from having a real estate professional by your side. I'd be honored to put my real estate experience to work for you.
I am a full-service Realtor® since 2010. I serve the High Desert in Southern California.
Prior to earning my real estate license, I earned my Bachelor of Science in Business Administration with an emphasis in Accounting at California State University, San Bernardino in 2002. I found myself not satisfied in my work life, so I sought out a new career. I found happiness in helping families obtain their dream homes. In 2019 I became an Associate Broker.
I moved to the High Desert in 2003, in search of peace and quiet away from the city lights. I found the rural lifestyle in the High Desert. I now have several farm animals and love to garden.