Any time you’re considering buying a home, you’ll want to research and find out if there are any easements on that property. A title search will generally notify a prospective buyer when easements affect the home they’re looking to purchase.
However, not all easements have been properly recorded. This situation can happen when an easement is in the process of being created or if an easement has been created and never recorded. Some properties may have implied easements, which are easements that are not written down or noted in a legal document, but only exist when there is a need for them.
Almost all homes do have some kind of easement on them, and most easements are not problematic. The important thing is to know about them ahead of time because most easements don’t come with an expiration date.
They typically will run with the land, which means they don’t expire when property ownership changes. If you’re concerned about an easement on a property you’re considering buying, it’s a good idea to consult with a real estate attorney.