An easement allows a second party, such as a utility company or a neighbor, access to a property. Easements are legally documented and remain in effect when a property is bought, sold or inherited. Easements may be discovered by a title company during a title search. To change an easement you may need to hire a real estate attorney.
A neighboring apartment building is taking advantage of one owner's yard and caused some damage. The homeowner has to check if he gave consent or if there is an easement on his property. But whether or not the neighbors have an easement to use theland, they should pay to repair any damage done.
When neighbors agree to property access through a verbal easement it may pose problems for future property owners. The terms of the easement may be unclear and may affect the use of the property. Easements may allow property access but don't change who owns the property. To fully understand a verbal easement it may require hiring an attorney.
When you build a new home it's critical to understand the property lines. What happens if the builder creates your driveway on property that's not yours? You have to figure out who made the mistake and that party may be liable to fix it. You need to look at surveys, easements and the contract you used to buy the property. Then you can contact a real estate attorney to resolve this property mistake.
Most condominium documents contain provisions to allow for and permit encroachments of one property onto another without creating a major exception to the owners' titles to their homes. This homeowner's condominium association never requested a survey and neither she nor her neighbor are able to sell their property. The neighbor may be able to grant the homeowner an easement over the portion of the land under question.
When a property line is incorrectly recorded it results in title problems, which can delay or prevent a home sale. To resolve this kind of title problem, you have to correct the documents filed with the homeowners association and possibly create an easement so that the property line becomes acceptable. It may also be worthwhile to ask the developer to modify the documents that describe the property line.
When you're buying a home your lender will likely ask you to buy title insurance. Title insurance covers the cost of a title search to make sure you have a clear title. Title insurance protects the lender in case it's later discovered that there's a problem with the title. When you're buying a home, it's a good idea to get an owner's title insurance policy too to protect you.