Hybrid Real Estate
Hybrid Real Estate
Robin Troy, Hybrid Real EstatePhone: (541) 914-0214
Email: [email protected]

Understanding the Difference between Easements & Right of Way

by Robin Troy 09/12/2021

Photo by David McBee from Pexels

At some point, you might come across the terms “easement” and “right of way.” These terms both imply another person or entity may have use of your property. As a homeowner or buyer in the market for a home, you’ll want to thoroughly understand both of these terms and how they can potentially affect you.

What is an Easement?

An easement enables one person to use another’s property for a stated purpose. This could be a public use, such as water, electric or gas utility companies, or for a private one as an agreement between neighbors. There are three primary types of easements:

  • Gross easements: This type of easement allows for a specific person to use your property.
  • Appurtenant easements: This type of easement allows a property to be used for adjoining lands—it stays with the property owner, even if the property is sold.
  • Prescriptive easements: These easements are rights acquired by one person openly using another person’s property without force and without owner permission for a period of time; the amount of time varies by state law.

None of these forms of easements grant any type of ownership to the individuals using the easement rights.

What Does Right of Way Mean?

Right of way is a type of easement, but it works a little differently. What this term means is other people are allowed to pass through your property. The right of way may be a public or private option. For instance, if your neighbor’s house is located behind yours and has no way to reach the main road unless they pass through your property, this would be a private right of way. On the other hand, if a road passes through your property to access a beach, park or other public space, this would be considered to be a public right of way. The right of way has no effect on ownership.

Can Easements Be Terminated?

Some types of easements can be terminated after a specified period of time, however, easements attached to a deed often remain that way in perpetuity, even if the property changes hands. Here are two ways easements can be in placed into effect:

  • A property owner's land borders a lake, but their neighbor’s property doesn’t. Property owner #2 wishes to have access to launch their boat. Property owner #1 could opt to grant their neighbor an easement for as long as they are neighbors with the agreement terminating (i.e. upon death or if the neighbor moves away).
  • Or, property owner #1 could have an agreement added to their deed and property owner #2 does the same, making this agreement a permanent one that would last between future homeowners of either property.

Both easements and right of way can grant others to rightfully use your property. Whether you are selling or buying a home, it’s always important to know if an easement is attached to the deed. If an easement isn’t found on the home’s deed, it’s a good idea to also check public records. Easement stipulations are a complex topic. An established easement could limit what you can do with your property in the future, so always be sure to check before purchasing any property.

About the Author
Author

Robin Troy

No two homes are identical, which is why choosing a sales price or offer price for a home can be challenging. That’s where the comparable market analysis, or CMA, can be useful. What is a CMA? The CMA is a side-by-side comparison of homes for sale and homes that have recently sold in the same neighborhood and price range. This information is further sorted by data fields such as single-family or condo, number of bedrooms, number of baths, zip codes, and many other factors. Its purpose is to show fair market value, based on what other buyers and sellers have determined through past sales, pending sales and homes recently put on the market. How is the CMA created? CMAs are generated by a computer program supplied by your real estate agent’s multiple listing services (MLS). The MLS is available to licensed members only, including brokers, salespeople, and appraisers, who pay dues to gain access to the service’s public and proprietary data, including tax roll information, sold transactions, and listings input by all cooperating MLS members. Listing agents generate CMAs for their sellers, and buyer’s agents create them for their buyers so both sides know what current market conditions are for the homes they’re interested in comparing. How accurate are CMAs? The CMA is a here-and-now snapshot of the market, based on the most recent data available, but it can instantly be rendered obsolete by a new listing, or a change of status in a home with the same criteria. Why? The market is constantly changing – new listings, pending sales, closed sales, price reductions, and expired listings. CMAs can vary widely, depending on the knowledge and skill of the person inputting the search parameters to the software as well as the number and type of data fields that are chosen. That means some features may not be included. As informative as the CMA is, it should only be used as a tool and should not substitute for your real estate professional’s knowledge and advice.
In order to inform you about the current happenings in today's market, I have prepared this comparative market analysis (CMA) especially for you. There are many properties on the market today, and each has different amenities, sizes, and values. By reviewing this CMA, you will have the information needed to price your home in the appropriate range in today's market.

My company is dedicated to maintaining a professional, trustworthy relationship with our clients. One way this can be seen is through this Comparative Market Analysis (CMA) which you hold in your hand. This CMA compiles the most current and accurate information relevant to the sale of your home. Seeing that this is perhaps your most valuable asset, it is imperative that you be equipped with the most complete information possible related to the pricing and marketing of your home.
The real estate market is always changing and as a result, I regularly attend training sessions and events to further my knowledge and be sure that I am focusing on current conditions that affect today's buyers and sellers. This type of training is imperative if I  am to be successful in obtaining top dollar on home sales. My goal is to make sure that I satisfy the special needs of all of my clients and at the same time make the process and transactions go as smoothly as possible
A little info on me:

Licensed since June 1997.

Completed the SRES, & GRI courses as well as the ABR course.

Adept in contract drafting, negotiation, market research.

Small Business owner since 1982

Alumni of SBM (3-year course at LCC Small Business)