As a commercial title company, we deal with easements every day. Through our experience, we’ve come to recognize a few common issues that crop up with easements that can impact title insurance. In this article, we are going to identify three common issues with easements and how to prevent or deal with these issues.
An easement is defined as the right to use another’s land for a limited purpose. A utility company that is allowed to run a power line across a property that it does not own is a common example of an easement.
Easements are common and necessary, but there are issues that can arise with easements that may result in an issue with title. Here are three of the most common issues we see with easements:
- Using incorrect legal descriptions (or no legal descriptions at all)
- Signatures of the wrong parties on the easement
- Confusion regarding the purpose of the easement
These issues may seem minor, but they can cause big headaches down the line if not properly addressed. If the easement does not include an accurate legal description, there may be confusion over how the easement may be used in practice. One party may claim they are using the easement correctly, while the other may disagree. An accurate legal description can avoid those issues.
Ultimately, it’s important that all relevant parties understand the easement as it is outlined. The best way to avoid these potential issues is to be as detailed as possible and ensure you’ve covered all necessary bases.
Contact Commercial Partners Title
The experts at Commercial Partners Title Company understand the ins and outs of underwriting commercial title insurance. Our team of escrow agents and underwriters are here to help you through the many details of your next commercial transaction. Contact us today to learn more about the full extent of our services and how we can help!