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What is the Difference between Easement & Right of Way

by Vincent Zhang 11/08/2021

Photo by David McBee from Pexels

At some point, you might come across the terms “easement” and “right of way.” These terms both imply another person or entity may have use of your property. As a homeowner or buyer in the market for a home, you’ll want to thoroughly understand both of these terms and how they can potentially affect you.

What is an Easement?

An easement enables one person to use another’s property for a stated purpose. This could be a public use, such as water, electric or gas utility companies, or for a private one as an agreement between neighbors. There are three primary types of easements:

  • Gross easements: This type of easement allows for a specific person to use your property.
  • Appurtenant easements: This type of easement allows a property to be used for adjoining lands—it stays with the property owner, even if the property is sold.
  • Prescriptive easements: These easements are rights acquired by one person openly using another person’s property without force and without owner permission for a period of time; the amount of time varies by state law.

None of these forms of easements grant any type of ownership to the individuals using the easement rights.

What Does Right of Way Mean?

Right of way is a type of easement, but it works a little differently. What this term means is other people are allowed to pass through your property. The right of way may be a public or private option. For instance, if your neighbor’s house is located behind yours and has no way to reach the main road unless they pass through your property, this would be a private right of way. On the other hand, if a road passes through your property to access a beach, park or other public space, this would be considered to be a public right of way. The right of way has no effect on ownership.

Can Easements Be Terminated?

Some types of easements can be terminated after a specified period of time, however, easements attached to a deed often remain that way in perpetuity, even if the property changes hands. Here are two ways easements can be in placed into effect:

  • A property owner's land borders a lake, but their neighbor’s property doesn’t. Property owner #2 wishes to have access to launch their boat. Property owner #1 could opt to grant their neighbor an easement for as long as they are neighbors with the agreement terminating (i.e. upon death or if the neighbor moves away).
  • Or, property owner #1 could have an agreement added to their deed and property owner #2 does the same, making this agreement a permanent one that would last between future homeowners of either property.

Both easements and right of way can grant others to rightfully use your property. Whether you are selling or buying a home, it’s always important to know if an easement is attached to the deed. If an easement isn’t found on the home’s deed, it’s a good idea to also check public records. Easement stipulations are a complex topic. An established easement could limit what you can do with your property in the future, so always be sure to check before purchasing any property.

About the Author
Author

Vincent Zhang

I am a real estate broker, property manager, and investor, located in Ann Arbor, Michigan. To each client, I bring close to a decade of experience in real estate, first as a real estate investor, then manager, and now love to share my experience and knowledge with property buyers and sellers as a real estate broker. Since attending the University of Michigan in 2005, I have lived in Ann Arbor ever since. My exceptional knowledge of the market as an investor and property manager provides a unique perspective and competitive advantage to my clients for selling and buying both residential and investment properties.

I have successfully managed investment properties in Ypsilanti and Kalamazoo and have conducted real estate transactions throughout southeast Michigan. Whether clients are looking for their first home, vacation homes, or the home of their dreams, I will be able to stay on top of the process, remove obstacles and make the real estate deals as pleasurable as possible. I enjoy working with people and finding ways to share a laugh or two in the process. I take pride in being available to my clients and being responsive to their needs.

In addition to my residential property expertise, and my multicultural background, I am capable of working with international investors and home buyers to make their international property purchases smoother and trouble-free. If you are interested in the acquisition of investment homes for your children while they attend the University of Michigan, as a property manager, investor, and broker, I will be able to help you make that reality come true.

I graduated from the University of Michigan and own and operate several businesses in Ann Arbor and Ypsilanti. In addition to my real estate experience, I am also a technology enthusiast and am always on the hunt to use technology and media to enhance the buying and selling experience. 

If you are looking to make your first home purchase, or are trying to sell your home, give me a call and I can guide you through the services that I can offer you to help you start along the journey. I take great pride in my work and it would be an honor for me to represent you and your needs.

Yours truly, Vincent Zhang