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What is an easement and how does it affect my property?

If you are purchasing property in Miami for commercial purposes, there may be terms that pop up that you are unfamiliar with, especially if this is your first large property deal. For example, a title search may reveal that there is an easement on the land you are buying. Here is what you need to know about easements and what they mean for you as a property owner.

People sometimes use the terms “right-of-way” and “easement” interchangeably. According to the Balance, an easement is when another entity has the legal right to use some or all of your property for a certain purpose. A right-of-way is a specific type of easement that allows some to traverse across your property. For example, if someone owns the tract of land behind you but needs to pass through your land in order to gain access to the road, you could grant them an easement that allows them to legally cross your property.

In addition, utility companies often have easements on properties so that they can gain access to things like pipelines and power stations. If you plan on developing the property you are purchasing, it is important to be aware of any easements attached to the deed because it may impede your ability to build on certain portions of the land.

Easements can also be given on a temporary basis, such as for construction projects that will only take place for a certain amount of time. It is important be aware of any easements on your property since the easement area will likely not be covered by your title insurance policy. This is not intended to be legal advice and is provided as general information on this topic.

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