Real Estate Leins And You

An easement is a right to use land or a portion of the land owned by another person for a specific purpose and is either perpetual or for a specific period of time. The most common form of an easement is the easement that is used in order to give someone else access to their own property. For instance, if farmer Joe can’t get to his property without crossing your property, because his property was landlocked, he would need to obtain an easement from you in order to use your property to access his own. You can sometimes run into trouble with this kind of easement as is

Easements are recorded at the county courthouse, but they may be scattered among various plats, deed books, and mortgage books. The best way to find out about them is through a professional title search, which probably happened when you bought your house if you have a mortgage on it. When a document grants an easement to a particular person, the restriction may cease when he or she dies or sells the property. But if it's granted to someone and "his heirs and assigns," it's probably in effect no matter who owns the property. Unless and until the easement expires, your obligation is to keep from interfering with that right.

Another type of a property right is called a license. A license is almost exactly like an easement, except that it binds only the person who gives it, whereas and easement binds everyone who owns the property. Licensing can be when you allow someone to park their car on your property. My parents, for instance, go to church in a very small town that has a small driveway across the street from the church. The people who own the property allow church members to park on their property during church functions because of lack of parking. This could be considered a license.

One last part of property rights and restrictions that I would like to talk about is called a covenant. Covenant means promise, and that’s exactly what a covenant is. Covenants are also called conditions, and they consist of private restrictions designed to maintain quality control over a neighborhood. A builder may draw up covenants affecting a new subdivision he or she is developing, although they also exist in older subdivisions. Covenants typically restrict such things as lot size, square footage, and architectural design; they also may pr

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