When purchasing vacant land, one of the key factors to consider is any potential land restrictions that could impact how you use the property. While zoning laws and local regulations are common constraints, there are other legal concepts that may limit or define how the land can be used, such as easements and covenants. Understanding these restrictions is crucial to ensure that you are fully aware of your rights and responsibilities as a landowner. In this blog, we’ll dive into what easements and covenants are and how they can affect your land.
What is an Easement?
An easement is a legal right that allows someone to use a portion of your land for a specific purpose, even though they don’t own it. Easements can be granted for various reasons, from utility access to roadways, and they are often documented in property deeds or recorded in public records. Easements typically don’t transfer ownership of land, but they give others certain usage rights. American Bar Association (ABA)
Types of Easements
- Utility Easements: These are one of the most common types of easements and allow utility companies to install and maintain infrastructure like water pipes, power lines, and sewer systems on your property. These easements typically run along the property lines and may not be visible on the land, but they give utility companies access to perform maintenance and repairs. National Association of Realtors (NAR)
- Right-of-Way Easements: These easements allow people to pass through your property, often for access to another property. For example, if your land is landlocked, a right-of-way easement may grant a neighbor access to their land via your property. Land Title Association (ALTA)
- Conservation Easements: These easements are placed to preserve the natural environment and prevent development on certain portions of the land. Conservation easements are often used for wildlife habitats or areas of natural beauty. National Association of Realtors (NAR)
- Ingress and Egress Easements: This type of easement grants someone the legal right to access a property, often through a specific path or driveway. If your land is inaccessible by public roads, an ingress or egress easement may be necessary to provide access to your property. Land Title Association (ALTA)
How Easements Affect Your Land
Easements can significantly impact your property, especially when it comes to future land use and development. For example:
- Limited Development: If a utility easement crosses a portion of your land, you may not be able to build structures over that easement. This could limit where you can place a home, shed, or other development projects. American Bar Association (ABA)
- Access Issues: If there’s a right-of-way easement, others may have the legal right to pass through your property, which could affect your privacy and your ability to fence off certain areas. Land Title Association (ALTA)
- Maintenance and Liability: While easements give others access to your land, the responsibility for maintaining the easement area is usually the landowner’s. If a utility company needs to perform work on your property, you may be required to provide access for their maintenance activities. National Association of Realtors (NAR)
It’s important to investigate existing easements when purchasing vacant land to understand what rights others may have over your property and how they could affect your plans.
What Are Covenants?
Covenants, also known as restrictive covenants, are rules or agreements that limit what you can or cannot do on your property. They are typically used in residential or commercial developments to maintain a certain standard within a community. While they are similar to easements in that they restrict how land can be used, they are enforceable rules that are often imposed by developers or homeowners’ associations (HOAs). National Association of Realtors (NAR)
Types of Covenants
- Use Restrictions: Covenants often restrict the type of structures or activities that can take place on the land. For instance, a covenant might prohibit the construction of certain types of buildings, restrict commercial activities, or require that all homes in a development be built with certain materials or architectural styles. Land Title Association (ALTA)
- Maintenance Requirements: Some covenants may require landowners to maintain their property to certain standards, such as keeping the lawn trimmed, maintaining the exterior of a building, or adhering to landscaping guidelines. National Association of Realtors (NAR)
- Building Restrictions: These covenants can place limits on the height, size, and appearance of structures built on the land. They may also specify setbacks or restrictions on the number of buildings allowed on a particular parcel. Land Title Association (ALTA)
How Covenants Affect Your Land
Covenants can significantly affect how you develop and use your land. For example:
- Limited Development: If you plan to build a commercial property or a home that doesn’t meet the covenant restrictions, you may be unable to proceed with your plans without seeking an exemption or modification to the covenant. American Bar Association (ABA)
- Community Standards: In developments governed by an HOA, you may be bound to uphold specific community standards regarding property appearance, landscaping, and even the types of vehicles allowed on your land. National Association of Realtors (NAR)
- Enforcement: Covenants are often enforceable by homeowners’ associations or other governing bodies, meaning you could face fines or legal action if you violate any covenant rules. This can create significant headaches for property owners who are not in compliance. Land Title Association (ALTA)
How to Find Easements and Covenants on Vacant Land
Before purchasing vacant land, it’s essential to perform due diligence to determine if any easements or covenants are attached to the property. Here’s how you can do that:
- Title Search: A title search will provide you with detailed information about the property’s history, including any recorded easements or covenants. American Bar Association (ABA)
- Property Deed: Review the property deed for any language regarding easements or covenants. Land Title Association (ALTA)
- Land Survey: A professional land survey can help identify easement paths, utility lines, or boundaries that may not be immediately visible on the ground. National Association of Realtors (NAR)
- County Records: Local county offices often maintain records of property restrictions, including easements and covenants, so check there for any relevant documentation. Land Title Association (ALTA)
Key Takeaways
Easements and covenants are important legal restrictions that can affect how you use and develop vacant land. By understanding these restrictions before you purchase land, you can ensure your plans align with any existing limitations:
- Easements grant others access to parts of your land for specific purposes, such as utility installation or roadway access. American Bar Association (ABA)
- Covenants are enforceable rules that govern how you can use and develop your property, often set by developers or homeowners’ associations. National Association of Realtors (NAR)
- Always conduct a thorough title search and review public records to identify any potential easements or covenants before purchasing land. Land Title Association (ALTA)
At Premium Land USA, we understand the importance of fully understanding the legal aspects of land ownership. If you’re looking for guidance on purchasing land, feel free to contact us today to discuss your options and get expert advice.
References:
- American Bar Association (ABA) – Easements and Rights-of-Way: https://www.americanbar.org
- National Association of Realtors (NAR) – Understanding Property Covenants: https://www.nar.realtor
- Land Title Association (ALTA) – Title and Easement Information: https://www.alta.org