Sometimes when you’re buying a piece of property you want to make sure that you have rights to use the easement that runs across another piece of property. You can ask your title insurance provider to insure those easements.
Researching the Easement
The title insurer would first need to do research on the burdened property that the easement runs across to make sure that it was properly granted. We also have to look forward from the date the easement was created to make sure that there have been no modifications of that easement or changes in circumstances that would mean that your present intended use is overburdening the easement.
Intended Use of the Easement
The other thing that needs to be looked at when we’re being asked to insure an easement is that the easement actually accomplishes what we’re trying to do. For example, we had a transaction some years ago where there was a piece of property that was located away from primary streets and needed an easement across railroad land to get out to the public right-of-way. There were actually three easements that seemed to provide that access, until we had a survey done and discovered that the three pieces did not connect to each other, nor did any of them actually connect all the way out to the street. So that’s another situation where there can be problems and it’s useful to have a survey of your easement as well as of your primary parcel if you are trying to understand your piece of property.