Buying a Home? Find out if an Easement will Affect Property Use. If you are purchasing a home in Florida, you know how important it is to be certain you know as much as possible about the property you hope to buy. This can help you avoid problems, reduce complications and save you both time and money in the future. One of the things you may need to know about is the presence of an easement. Purchasing a home located in a Florida HOA? There may be easements and restrictions that impact your land.
An easement could affect the way that you enjoy and use your property. It can be frustrating to learn about an easement after the purchase is complete, but you can avoid this problem by asking questions and seeking information before the closing.
The type of easement affecting your property
The purpose of an easement is to allow a certain party the right to access your property for a specific reason. There are two types of easements, and knowing the differences can be greatly beneficial as you work to learn how it will impact the way you use your property after you purchase it. The two main types of easements are as follows:
- Implied easement: An implied easement is one understood by specific circumstances. For example, a neighbor could walk through your backyard to access a public pond behind your house. There may not be a document outlining this easement, but there is generally an understanding between the parties.
- Express easement: An express easement is one created by the terms of a property deed or a will. Generally, the original owner of the property may convey the land or the right to use the land to a specific party, such as his or her relatives, for the duration.
Easements can be complex, and it can be confusing to know what you can do to protect your property rights and use your land as you see fit. Before you sign on the dotted line, you can take the appropriate steps to learn everything you need know about the easement affecting your property.
Protecting your interests in a real estate transaction
A real estate transaction is a major legal and financial step. It is prudent to do everything possible to protect your interests, both immediately and long into the future. This due diligence can help you avoid financial losses and costly legal disputes in the future.
When buying a home or land, you may need more than just a real estate agent. Many homebuyers find it beneficial to seek legal guidance as they take this significant step in their lives. The Law Office of Ryan S. Shipp, PLLC and its experienced team of West Palm Beach Real Estate Attorneys are here to help with all of your Florida Real Estate Legal Needs. Call us today @ 561.699.0399.
