Easements on Mission Viejo Real Estate can be very standard and actually benefit the property, but sometimes the existence of even a standard easement may make it impossible for you to make certain improvements or alterations to your home or vacant land.
An easement generally involves one property owner granting certain rights over part or all of his or her real estate in favor of another (usually adjoining) for a designated purpose. Examples of Mission Viejo common easements include a right to drain water, sewage lines, utility easements for gas and electric, etc.
If two neighbors decide that one will grant an easement in favor of the other then it is vital that the document is properly drafted, signed and recorded with the office of the orange county recorder.
However, some Mission Viejo easements don’t have to be in writing. Examples of such easements include prescriptive easements, which can result for continuous use of property, without permission of the owner, over a period of time.
If your Mission Viejo neighbor had made a practice of crossing your property to get to his property fro at least seven years, and you knew about it but did nothing to prevent it, he could acquire an implied easement to continue to do so.
Ownership rights of the property can be imported by an easement, but the public and/or private parties benefit from the affirmative use of land for roads, power lines, etc, due to the additional freedom of movement and this type of easement generally does not offset marketability. Remember that every situation is different and if you have any concern about your rights as an owner or as a purchaser, you should consult a real estate attorney.