If you own a home, the title to your property is almost certainly subject to at least one easement or right-of-way.  Home buyers are frequently alarmed when they first see the title report listing the various “encumbrances” to their new home, but these encumbrances are a very common part of home ownership in the East Bay that usually will not effect your use of the property or its resale value.

An easement or right-of-way is an agreement that gives an individual, company, or municipality the right to use your property in some way. An easement is for a stated purpose, such as a sewer line that runs across your back yard (and everybody else’s on the block), while a right-of-way gives rights to travel across a property, such as the right of the city to access that sewer line for maintenance.

Easements and rights-of-way are generally registered on the title to the property, and are transferred along with the title from owner to owner. They remain on the title until they are released by the easement holder.

If your property contains an easement, you are generally restricted from building structures within the easement area or using fencing that will hinder access. If you do so, you may be faced with costs of removal. However, if the easement holder damages your property, they must restore your property to its original condition or pay you damages.

Information about easements is not included on building permits. It is your responsibility to check the title to your property for easements before undertaking major construction or alteration to your property. Please contact me for assistance in discovering what easements or rights-of-way may be recorded with the title to your property.