I have a question about property easements?

[Yetti]

Hi Guys, I know some of you have legal backgrounds and may be able to answer a question for me. I am looking at buying a forclosed home on 10.55 acres. the issue is it has an easement to the parcel behind it and it uses the same driveway entrance at the road and then runs 540' to the rear where it crosses into the other persons property. heres the question, what rights do I have as the land owner? and what can I do as far as using the easement to my own advantage?

[KenP]

Most likely you can only use it for getting to and from your property. You really can't use it to your "advantage".

Is the easment recorded? If not, how long has it been used? Not knowing the law where you are, there's usually a stipulated time period of use that will basically give you squaters rights on the easement.

Wish I could give you more info, but I didn't sleep at a Holiday Inn Express last night.

[Yetti]

The easement would cross MY property if I bought it. the trick here is to know whats legit and how to use it. from what I can tell theres 2 parcels behind the one I want to purchase. they would both have access through the easement. I want to build a big garage on back of the lot and use the easement.

[mikejr]

Been a real estate broker for 15 years specializing in the sale of foreclosed homes....ok...background on me....now to your question.

So let me understand this....basically an easement exists across your property that allows another to gain ingress/egress to their property behind yours(or soon to be yours). When you say you want to use it to your advantage, am I assuming that you just want to drive on the easement to get to your new garage? As long as you do not block or sever the easement, I dont see that being an issue.

OK now for the disclaimer....with matters dealing with real property and the legal ramifications thereof, always consult an attorney licensed to practice within your state. My opinion is just that and not intended to render legal advice or interpretation of the law.

[Yetti]

Thanks, I wasn't sure about the use structure. but I would guess its as you say. I already talked to the local Zoning guy and have to ask a few more questions of him.

[Yetti]

by the way, if you are a broker then how would recommened going about this purchase? Its a forclosure and has been sitting about 2 years. what should I expect in fees and other costs?