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How easements could impact the development of property

| Dec 9, 2020 | Commercial Real Estate |

California developers often purchase land and property with a specific type of development project in mind. They often have clear and set goals as they enter the purchasing process, only to learn they may not accomplish what they hoped for as there is an easement on the property. Before buying land or moving forward with the initial steps of developing property, it is essential to know if there are any easements and how they will affect the owner’s desired use.

An easement essentially gives another person or entity the right to trespass on another person’s property, but only for a specific purpose. There are easements that allow for the placement and access of utilities, and there are easements that are for roads and other types of access. There are limits to what an easement allows, and a property owner should understand the scope of the easement that affects his or her property.

The details of an easement are typically found in the title commitment or the title insurance preliminary report. In cases where it is not immediately clear what the easement entails, it may be necessary to get the property assessor’s map to learn more. There are sometimes disputes over the location and validity of an easement, and it may be necessary to seek legal guidance in order to resolve this issue.

Easements can be a complication in real estate development. It could be necessary to adjust plans or take steps to learn exactly what the easement means for that specific project. When it comes to issues regarding real estate matters or property development, it may be helpful to first discuss plans with an experienced California attorney.