The new property you’re buying may come with easements and rights of way attached. What do these terms mean?
An easement allows someone other than the landowner use private property. It is for a specific person and usually for a certain use. For example, you may allow a neighbor to use your property for hunting at certain times of the year or allow them to access a stream on your property.
A gross easement is typically for a specific individual. An appurtenant easement is set up for the benefit of adjoining lands. Affirmative easements allow a third party to use the property for a specific purpose.
Right of way allows a third party to pass through but not use land that they do not own. They can travel on private property to another destination. This often takes the form of roads, pathways, or driveways that are on one owner’s property but lead to another. Utilities often have rights of way so they can access their lines for repair and maintenance, and railroads passing over private property use right of way to do so.
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