How easements and right-of-way agreements affect property ownership in Connecticut

For Connecticut homebuyers and sellers, understanding the implications of easements and right-of-way agreements is critical. These legal arrangements can significantly impact how a property is used, its value, and even its appeal to potential buyers. 

With that in mind, let’s explore what easements and right-of-way agreements are, how they work in Connecticut, and what buyers and sellers should consider when dealing with these property features.

What is an Easement?

An easement is a legal right granted to someone to use another person’s property for a specific purpose. Common types of easements include:

• Access Easements: Allowing passage through a property to reach another property.
• Utility Easements: Granting utility companies the right to install and maintain infrastructure like power lines, water pipes, or gas lines.
• Conservation Easements: Restricting development to preserve natural or cultural resources.

Easements can be granted to individuals, companies, or government entities and are typically recorded in public land records, making them legally binding on current and future property owners.

What Is a Right-of-Way Agreement?

A right-of-way agreement is a specific type of easement that allows individuals or entities to travel across a property. For example, if a neighbor’s property is landlocked, they may need a right-of-way to access a public road. Right-of-way agreements are often essential for maintaining access to certain parcels of land.

How Easements and Right-of-Way Agreements Impact Property Ownership

While easements and right-of-way agreements serve practical purposes, they can also present challenges for property owners:

1. Restricted Use: Property owners must allow the easement holder to use the land as specified in the agreement, which can limit how the property is developed or modified.
2. Property Value: Easements can affect a property’s value. For example, a utility easement running through a backyard may be seen as an inconvenience by potential buyers.
3. Liability: Property owners may still be liable for maintaining the land within the easement area, such as keeping it free of hazards.
4. Conflict Potential: Disputes can arise if the terms of an easement or right-of-way agreement are unclear or not respected by either party.

Connecticut Laws and Rules Governing Easements and Right-of-Way

In Connecticut, easements and right-of-way agreements are governed by state law and typically recorded in the town clerk’s office where the property is located. Here are some important considerations:

1. Creation of Easements: Easements can be created through a written agreement, necessity (e.g., landlocked property), or long-term use (known as a prescriptive easement). Connecticut law generally requires written agreements for clarity and enforceability.
2. Prescriptive Easements: In Connecticut, a prescriptive easement may arise if someone uses another’s property openly, continuously, and without permission for at least 15 years.
3. Title Searches: When buying a home, conducting a thorough title search is essential to identify any existing easements or right-of-way agreements. These agreements will remain in effect even after the property changes hands.
4. Dispute Resolution: Connecticut courts handle disputes involving easements and right-of-way agreements. Property owners can also pursue mediation or arbitration to resolve conflicts.

What Buyers and Sellers Need to Know

If you’re buying or selling a home in Connecticut, here’s how easements and right-of-way agreements might come into play:

• For Buyers:
  • Investigate Before Closing: Work with your real estate attorney to review the property’s title and survey documents. Identify any easements and understand their terms.
  • Future Plans: Consider how existing easements might impact your intended use of the property. For example, a utility easement could restrict building a pool or adding landscaping.
• For Sellers:
  • Disclose Known Easements: Connecticut law requires sellers to disclose known property conditions, including easements, to potential buyers.
  • Negotiate Strategically: Offering additional information about an easement’s purpose and terms can help buyers feel more confident about purchasing the property.

Resolving Easement and Right-of-Way Issues

If an easement or right-of-way agreement poses challenges, homeowners may have options:

• Modification: Easements can sometimes be modified with mutual agreement from all parties involved.
• Termination: If an easement is no longer needed, it can be terminated through a legal process.
• Legal Action: If an easement is being misused or if disputes arise, property owners can seek legal remedies to enforce or clarify the agreement.

Final Thoughts

Easements and right-of-way agreements are important aspects of property ownership that can impact everything from daily use to property value. 

For Connecticut buyers and sellers, understanding these legal arrangements and addressing them proactively can prevent misunderstandings and ensure smoother transactions. 

If you have questions about easements, right-of-way agreements, or other property matters, consult with an experienced real estate attorney. 

Need an attorney? Attorney Charlene Pederson has been guiding Connecticut clients through the complexities of residential real estate transactions for 30 years. Reach out today for a free consultation 203-900-4371 or charlene@pedersonlawct.com.