An easement is an agreement between two parties that dictates how one party can use and access property that is owned by the other party. These agreements can be incredibly specific, dictating exactly how one party can access the other party’s land, or they can be quite vague. The vaguest type of easement is known as a blanket easement. As the term implies, the servient party has “blanket” access to the property, meaning that they can go anywhere on the property so long as they stay within the intended use of the easement.
For example, let’s say that a utility company had a blanket easement with a farmer. Instead of being only allowed to access the farmer’s land in a specific spot in order to service their equipment, the utility company could access the property as they saw fit in order to service or maintain their equipment. This also means that if the utility company decides that the best way to bury a pipe in your field is through your cornfield, your hands may be tied when it comes to contesting the placement of this pipeway.
Blanket Easements In Minnesota
Easement creation and contract review are two services that we provide to all clients who are considering drafting an easement or purchasing a property with an existing easement in place. Remember, easements typically remain in place despite a change in ownership, meaning if an agreement was already in place, you won’t be able to void that easement simply by acquiring the property.
When working to develop an easement, we try to make them as specific as possible to protect the interests of the property owner. Even if you don’t foresee it being an issue, being very specific as to how someone can access your land can make it easier to maintain that area for potential hazards and monitor its use. It can also make it less likely that you end up being negatively affected by servient use.
We’ll happily investigate a potential property to learn more about the easements and agreements that are currently in place, and we’d always work with you if you wanted to get an easement in place, whether that is with a utility company hoping to put lines under your land or your cousin-in-law who wants to cross your farmland to access public hunting land on the other side. We’ll ensure your rights are protected and that the easement is created with your needs in mind.
For more information about blanket easements or other aspects of commercial real estate, reach out to the team at Commercial Partners today at (612) 339-2470.