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What you need to know about property covenants and easements

On Behalf of | May 31, 2024 | Real Estate Transactions |

Understanding property covenants and easements is crucial for homeowners. These legal terms can affect how you use your property and what you can do with it.

Property covenants

Property covenants are rules that limit what you can do with your property. Developers or homeowners’ associations often set these rules to maintain the look and feel of a neighborhood. Covenants can cover a wide range of restrictions, such as building restrictions, land use, and exterior appearance changes.

Easements

Easements give someone else the legal right to use a part of your property for a specific purpose. Common easements include utility companies accessing power lines or neighbors using a shared driveway. Easements can be temporary or permanent, and they can significantly affect your property rights.

How to deal with covenants and easements

It’s important to take the right steps when dealing with covenants and easements.

  1. Review documents: When buying a property, carefully review the deed and any homeowners’ association documents to understand existing covenants and easements.
  2. Seek approval: If you want to make changes to your property, check if you need approval from the homeowners’ association or the easement holder.
  3. Negotiate changes: Sometimes, you can negotiate changes to covenants or easements. Talk to your neighbors, the homeowners’ association, or the easement holder.

In some cases, it may be necessary to reach out to a real estate professional or attorney who can help you navigate the complexities of your particular situation.

Know how you can use your property

Understanding the legal concepts around property covenants and easements as well as knowing how to address will help you avoid issues and make informed decisions about your property.