Many homeowners are surprised when they learn that a portion of their property is technically owned by the government. These sections of government property "owned" by private individuals are known as easements. If you want to build or upgrade a portion of your property that includes the easement, a real estate and land use law expert might be your best resource to get the job done.
Here are just a few of the ways that real estate and land use law services can help when you're building on an easement.
Survey
Many easements are relics of original developments. The surveying data can often be ambiguous.
- Updated Surveying: one of the first steps real estate and land use law services are likely to recommend is an updated surveying of your property. This will include both the easement and deeded portions of your property. The surveying gathers critical information needed when you're attempting to build or upgrade an easement. Many of the best real estate and land use law services will render the survey data to create 3D models of your property, with detailed information about property and easement lines.
- Compare: once your real estate and land use law services experts have updated survey data of your property, they compare the updated model to the original survey information stored by the city, state, or county government with jurisdiction over the easement. In some cases, the original survey information is inaccurate and/or unclear. If your real estate and land use law services experts can isolate inaccuracies between the updated and original survey data, they can argue to vacate or legally change the dimensions of the easement.
Upgrades and Development
Remodeling or developing property that includes an easement can be difficult. Real estate and land use law services experts can help you draw up permits for these types of projects.
- Permitting: a building or development permit for properties including an easement can involve layers of bureaucratic red tape. For instance, if you're hoping to develop a section of your backyard that includes an easement, you will not only need a permit for the development, but you'll also be subject to Federal, State, County, and/or City regulations that might not make sense for the type of development you have in mind. Real estate and land use services experts can help you draw up permits and request exemptions for land use regulations that might derail your project.