When buying land, the last thing anyone wants is to wind up with a property they\u2019re unable to access or use as they intended. This is why understanding the ins and outs of easements is important for any landowner to ensure they aren\u2019t met with any legal surprises or fees down the line.<\/p>\n\n\n\n
During a recent episode of the National Land Podcast<\/a>, Tiffany Lashmet<\/a>, Associate Professor and Extension Specialist in Agricultural Law shared some useful tips for landowners to effectively navigate easements on their property and potentially save themselves some money later on. <\/p>\n\n\n\n While much of the conversation focused on land laws in Texas, concepts here may apply to landowners in other states. However, these landowners should consult with a legal professional knowledgeable in their state\u2019s laws to be absolutely sure of easement specifics in their state.<\/p>\n\n\n\n Here\u2019s what to know!<\/p>\n\n\n\n Understanding state laws regarding access is important when buying land to ensure that the property being purchased won\u2019t become inaccessible to the new buyers when it changes hands. While some states have laws in place to prevent a property from becoming landlocked, this is not the case everywhere in the country. Lashmet explained this by stating, In Texas, people will say \u2018Well, my property can\u2019t be landlocked, right? Someone legally has to give me access.\u2019 That is absolutely false in the state of Texas. Other states may have some mechanism where if you prove you\u2019re landlocked, you\u2019re automatically granted access, but that\u2019s not the case here. It\u2019s really important for people to understand you can have a landlocked property and that causes real problems on a number of fronts.\u201d<\/p>\n\n\n\n Not only is it difficult to use a landlocked property, but selling one presents its own challenges due to difficulties in obtaining title insurance. Without title insurance, potential buyers won\u2019t be able to get a loan to purchase the property and the owner will be unable to borrow against it. This is why when a property is divided or purchased, it\u2019s very important to have any access easements written and recorded by a legal professional.<\/p>\n\n\n\n As with any major decision in life, it\u2019s best to do extensive research before signing any kind of easement agreement. Failing to research and lay out the terms of an easement properly could prove to be very costly for a landowner sometime in the future. Speaking to the importance of thorough research, Lashmet advised, \u201cIf you\u2019ve got one of your neighbors to grant you an easement, get that surveyed and make sure you have the exact bounds of that recorded in the deed record\u2026It\u2019s wild to me that many people don\u2019t want to pay $3,500 for a survey but they\u2019re willing to pay $15,000 per mile to build a fence that might be in the wrong place. <\/p>\n\n\n\n We just had a case in the last couple of weeks in the Texas Supreme Court where a landowner was ordered to move a fence that was encroaching on the other guy\u2019s property. So he paid money to build the fence, and now he\u2019s going to pay money to move the fence. You know what\u2019s cheaper than that? A survey.\u201d<\/p>\n\n\n\n Any landowner, especially those with large properties, should be aware of their state\u2019s adverse possession laws to protect their land investment. Often referred to as \u201csquatter\u2019s rights,\u201d adverse possession refers to legal mechanisms through which a person in possession of land owned by someone else can legally acquire a title and ownership by meeting certain conditions. Failing to notice an adverse possessor within the specified time period could mean a landowner would lose possession of those acres.<\/p>\n\n\n\n There are a variety of requirements that need to be met before adverse possession laws would go into effect, as Lashmet explained. She stated, \u201cYou have to meet all these other requirements. So even if you\u2019ve been grazing your cattle there, that alone is not enough. But, if you\u2019ve made some claim to that [land] where you\u2019ve told people it\u2019s yours, you\u2019ve built your own fence or rebuilt\/substantially improved or repaired the existing fence, those are facts that could certainly lend themselves to adverse possession. That\u2019s a perfect example of why it\u2019s important to pay attention to your property and look at what\u2019s going on out there. If you let it keep continuing, you could be shoring up a claim and potentially lose those acres.\u201d<\/p>\n\n\n\n While it may be easy to get caught up in the excitement of a new land purchase, there are a few things that every landowner should do as soon as possible when buying or inheriting a property. Updating all existing paperwork with local County and State entities can save landowners from costly and frustrating complications later on.<\/p>\n\n\n\n The County appraisal district is one of the first stops any new landowner should make according to Lashmet who stated, \u201cMake sure that when you inherit or purchase land you go directly to the County appraisal district and have everything put in your name. In Texas, this is a really important step to take and fill out the paperwork to keep that open space or agricultural-use valuation on the property. It doesn\u2019t automatically stay when ownership changes and I\u2019ll get calls on this every year around the time that tax bills go out. <\/p>\n\n\n\n You\u2019ll want to do the same thing at your local USDA Office, that\u2019s the Farm Service Agency, the Natural Resource Conservation Service, get everything in your name there as well. There may be programs you might qualify for, there may be programs your land is signed up for under someone else\u2019s name. That\u2019s just another palace you want to check anytime you inherit property.\u201d<\/p>\n\n\n\n The other main thing new landowners should do is meet with a legal professional if they need any new easements or other legal agreements drafted. A lawyer\u2019s expertise will ensure that the agreement not only works for the landowner but also protects them against any kinds of changing circumstances the future may hold. <\/p>\n\n\n\n Speaking to the importance of working with a lawyer, Lashmet stated, \u201cI\u2019d use a lawyer to draft something up, especially if you\u2019re going to draft up an easement. It seems simple enough to just say, \u2018Well I know my neighbor across the property,\u2019 but what\u2019s biting a lot of people right now is that they did very broad easements that didn\u2019t have any limitations in them. That may have been fine for them when it was the neighbor who lived across the crossing, but now that neighbor has sold the property and subdivided into these ranchettes and there are 20 people behind them crossing the road. They never would\u2019ve given permission for that and that\u2019s why it\u2019s worth using a lawyer to make sure these get drafted with limitations the way you need them to be.\u201d<\/p>\n\n\n\n As stated above, many of the topics discussed by Lashmet during her podcast appearance dealt specifically with Texas land laws, so it\u2019s best to get in contact with a legal professional in your area before acting on any of the information in this article. <\/p>\n\n\n\n If you\u2019ve got more questions about land laws or your property, get in contact with your local Land Professional<\/a> today!<\/p>\n","protected":false},"excerpt":{"rendered":" When buying land, the last thing anyone wants is to wind up with a property they\u2019re unable to access or use as they intended. This is why understanding the ins and outs of easements is important for any landowner to ensure they aren\u2019t met with any legal surprises or fees down the line. During a … <\/p>\nImportance of Understanding Access<\/h2>\n\n\n\n
Do Your Research Before Making Any Agreements<\/h2>\n\n\n\n
Keep an Eye on Your Property<\/h2>\n\n\n\n
What to Do When You Inherit\/Purchase Property<\/h2>\n\n\n\n
Consult a Legal Professional<\/h3>\n\n\n\n