If you own land in Colorado, real estate easements are a fact of life.
Essentially, a real estate easement is an external property right which burdens the property owned by another. In other words, an easement grants the right of use of some portion of a property to someone who does not own that property. An easement is usually included in the title of the property.
An easement is a nonpossessory interest in land that gives the holder of the easement the right to use, or restrict the use of, land subject to the easement.
There are several types of easements in real estate, but they all serve the same purpose: Granting rights of use of your property to someone who does not own the property. Generally easements apply to public utilities and/or public projects. Due to the complexity of easements in real estate, the Colorado Bar Association publishes updates covering the numerous court decisions affecting this area of real estate law.
Once an easement is established, it must be noted on the title of the property before any sale of that property is made, and anyone purchasing property is well advised to take a close look at how the property is being used to determine if any easements are applicable to the property under consideration. In the end, easements are a "good news/bad news" situation. As a property owner, you WANT the protection of easements on adjoining land to protect your investment. But you also need to consider that any easement on property you purchase grants rights of easement to others. This may, or may not, ever become an issue for you. It's best to consider it carefully before rushing into any property deal.
Likewise, if you already own property, you should consider carefully easements that already exist, as well as any easement that might be established. It's fine to allow people to cross your land to get access to whatever. But be aware that if it goes on long enough, it may become a permanent feature of the property, whether you like that idea later on or not.
Topics: Land Ownership in Colorado
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