Undefined Easements vs. Blanket Easements img

Undefined Easements vs. Blanket Easements

calender icon 10/24/2022    poster icon  Mark Goodman

We often come across easements that are not well-defined (known as “undefined easements”), or easements that encumber an entire parcel (known as “blanket easements”). In this article, we’re going to talk about the differences between undefined easements and blanket easements.

The Difference Between Undefined Easements & Blanket Easements

An undefined easement occurs when there is an easement that appears to burden the property, but it cannot be located. A blanket easement occurs when the legal description for the easement on the burdened parcel covers or blankets the entire burdened parcel. The easement isn’t confined to just a portion of the burdened parcel – it actually encumbers or affects the entire parcel. That can be problematic for the owner of the burdened parcel because if there are  improvements on or other uses for the  burdened parcel, the holder or beneficiary of the easement can demand that those improvements be removed or other uses stopped. For example, if a building lies on a parcel that is encumbered by a blanket easement, the holder or beneficiary of the easement could potentially demand that the building be removed. This is because the holder of beneficiary of a blanket easement ostensibly has the right to use that easement across the entire burdened parcel.

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