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What’s An Easement

and what has that got to do with me?

In Wichita and Kansas an easement is the right that one person or entity has over the land use of another. This can be the right to do something on the other person’s land or the right to prevent the land owner from using their land in a certain way.

Easements only give someone else the right to use part of your property. They do not give possessory rights.

Minor easements can be found on the front, side or rear of a property. They may include space that allows utility companies access to repair buried water or electrical lines or to complete repairs to their equipment. Some easements have been identified as emergency access routes in case of brush fires, floods or other emergencies.

Say a persons home or real estate is completely surrounded by others and cut off from access. An easement may be granted for the person to have a road through someone else’s land to his own. He does not own that road but only has the right to use it.

Buyers should always ask if there are any easements on the property and for their exact location. Even minor easements may interfere with your ability to use your land as you have planned.

Sellers should always disclose all easements in the listing agreement and the purchase contract. Check the legal description of your deed and title opinion letter you receive from your lawyer when you bought the property

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September 8, 2010 - Posted by | Uncategorized | , , , , , , , ,

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