For many people, buying a home is the most expensive transaction they will ever undertake. As a result, it is crucial that they obtain clear, marketable title to the property and understand the full scope of their ownership rights in connection with that piece of property. Issues that can affect how you use your home include zoning, easements, liens, mortgages, and the nature of the covenants in the deed you received from the seller. It is imperative that you have an experienced attorney conduct a title examination to make sure that you are getting what you expect. If you are entering into a property transaction, the Bristol County real estate attorneys at Pulgini & Norton may be able to advise and represent you.
Buying or Selling Real Estate in MassachusettsOne important issue that an experienced real estate attorney can handle for you is conducting a title examination. This is a crucial part of buying property. You want to make sure that you can obtain clear, marketable title to avoid any challenges to your ability to use, own, and occupy your property in the way you see fit. Without a title examination, it is possible that years down the road, you will be confronted by someone claiming to have an ownership interest in your property, an easement, or a lien.
For example, a neighbor may claim that you are encroaching on his or her land or assert an ability to use your land in a way that is contrary to your interests. In some cases, the neighbor has an easement. An easement is a nonpossessory right of use in someone else's real property. It can either run with the land (considered an "appurtenant easement") or belong to an individual (considered an easement "in gross"). If an easement runs with the land, it remains on the deed when the property is transferred. The property that has the benefit of the easement is known as the "dominant estate," while the property that bears the burden of the easement is known as the "servient estate."
An easement is similar to a license but broader. A license is often not recorded, is vested in an individual rather than land, and is often limited in duration and revocable. Easements are, by contrast, more powerful. Easements may be either affirmative or negative. The former means that the servient estate is subject to affirmative uses by the dominant estate. The latter means that the servient estate is stopped from doing certain things by the dominant estate's right of use.
Some common easements include access easement and utility easements. For example, it is common to have an access easement that runs with the land that allows one neighbor to use the other neighbor's driveway, or an easement that allows a dominant estate's owner to have beach access by traveling across some portion of the servient estate's land.
Consult a Knowledgeable Real Estate Attorney in Bristol CountyCreated by the Plymouth Colony in 1685, Bristol County has an area of 691 square miles and a population of over half a million residents. If you are a buyer, seller, or lender involved in a property transaction there, you should consult the experienced Bristol County real estate lawyers at Pulgini & Norton. Call us at 781-843-2200 or contact us via our online form for a free consultation with a property transactions attorney.