November 11, 2024

What You Need to Know about Easements When Buying a South Florida Property

Facebook
Twitter
LinkedIn

The term “easement” may be new to a south Florida homebuyer. But it’s crucial to ask before you buy if you’ll own all or just part of the land the residence sits on. And who else will have access and why?

What is an easement, and especially what is an easement in real estate? 

It means part of that property could be owned by the county, the city, a utility company or another entity that requires access to repair or replace a sewage or drainage pipe, for instance. An easement could allow beach access to others.  

In Palm Beach County, the Lake Worth Drainage District claims use of their vast network of canals to regulate water, and the banks to clear debris, especially before and after a storm. Here’s a link to LWDD and their regulations for access. Most homeowners know how far their backyards extend on a LWDD canal, so they can plant or build something that doesn’t have to be removed after the fact.

Homeowner and condo associations will know if a property is affected by an easement, also called a right-of-way.

Your Lang Realty agent will help do a title search, the most effective way to determine if there’s an easement or not on that property and if you have any recourse.

What happens to an easement when a property is sold? 

Most easements are in perpetuity, unless both parties agree to remove it, which requires legal advice.