A commercial property easement is a legal right that allows someone who is not the property owner to use a specific portion of the property for a specific purpose. Essentially, it grants the holder of the easement the legal right to access, use, or cross the property for a particular reason, even though they don’t own the property itself.
Easements can be created for various purposes, such as providing access to utility companies to maintain infrastructure (like power lines or pipelines) that cross the property, allowing neighboring properties to access a road or pathway, or granting access to a specific service provider (like a cable company) to install and maintain their services.
There are different types of easements:
Easement Appurtenant: This type of easement benefits one property (the “dominant” property) by allowing its owner to use a portion of another property (the “servient” property) for a specific purpose. For example, a property might have an easement to use a neighboring property’s driveway to access a public road.
Easement in Gross: In this case, the easement benefits an individual or entity rather than a specific property. An example could be a utility company’s right to access a property to maintain its infrastructure.
Prescriptive Easement: This type of easement can arise over time when someone has consistently and openly used a portion of another property without permission. If the use meets specific legal criteria, the user might gain a legal right to continue using that portion of the property.
Commercial property easements can impact property values, property use, and development plans, so they are subject to negotiation, agreements, and legal documentation to ensure the rights and responsibilities of all parties involved are clear. If you’re dealing with commercial property easements, it’s important to consult with legal professionals experienced in real estate law to ensure that your rights and obligations are properly understood and protected.
At Stoner & Associates, we are experts in the area of boundary surveys, surveys specifications and various easements. Most importantly, we know that you need your survey to be completed on time for the closing date. We work hard to be part of your team and to answer any and all questions pertaining to various easements, the survey, certifications, and title commitments.
About Stoner
Since 1988, Stoner has continually provided the highest level of quality service to each and every project. Staying true to the company mission statement of Experience, Excellence, Service and Technology: These are the watchwords that we apply to each of our clients’ projects. Today, the company services the greater South Florida area including Broward, Miami-Dade, Palm Beach, and Monroe Counties. Allowing the team of professionals to deliver critical surveying services in a timely manner to both the private sector and the government. For more information on Stoner, please call (954) 585-0997or visit www.stonersurveyors.com.
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