Phillips & Angley

When land transfers ownership, do easements transfer with it?

When buying property in Massachusetts, you would be wise to consider issues that could cause legal complications in the future or compromise your property rights. One of these things is to learn about any easements that may affect the way that you can use your property. In some cases, the transfer of the property could affect whether or not an easement is still in effect.

Easements can transfer with the property when it changes hands. If you have concerns about what will happen to the easement connected to your property and how you can protect your interests, it can be beneficial to secure qualified guidance to help you protect yourself as the property owner. The result of your situation may largely depend on the type of easement in question.

What type of easement affects your property?

Transferring property or land happens through a purchase, sale or lease. Sometimes, a new owner may find that an easement could allow people to access his or her property or compromise the ultimate goal for the property. There are two types of easements you may need to know about, as follows:

  • Easement in gross: In most cases, an easement in gross is not transferrable with a piece of property. It is not connected with a specific piece of land, but instead, it is typically based on a verbal and personal agreement between two parties.
  • Easement appurtenant: Typically, an easement appurtenant transfers when the title of a piece of land transfers. The easement remains connected with the land.

If you are buying a piece of property or selling it, you may find it prudent to learn about any matters that could delay the sale or affect your ownership in the future. It is worthwhile to know about any easements connected with the property, as this could shield your long-term legal and financial interests.

Protecting your property rights

When your property rights are in question, it can be confusing and costly. You may not know where to turn regarding easements and your property, so you may find it greatly beneficial to seek legal guidance regarding your options.

With guidance, you can avoid complications and transfer property with the full knowledge of any easement or factors unique to that particular piece of property. Land rights and related legal concerns are complex, but a complete evaluation of your case can identify your options and help you move forward with the most appropriate course of action.

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