easements
417) Burial Plot Easements
09/26/08
Dear H2,
I am appraising a single family residence on 4.3 acres in a rural setting. The site has approximately 8 historical burial plots situated about 125 feet from the actual dwelling. Visitors do frequent the burial site. According to the homeowner, they own the land and there is no recorded easement. What is the appropriate way to adjust for this scenario?
erin bunn ebunn@roadrunner.com
Dear Erin,
The easement need not to be recorded to exist. You are required to report all apparent easements and I think that this falls into that category. A bigger problem is what effect the easement has on the value of the property. Be careful, this is not going to be easy!
H2
I am appraising a single family residence on 4.3 acres in a rural setting. The site has approximately 8 historical burial plots situated about 125 feet from the actual dwelling. Visitors do frequent the burial site. According to the homeowner, they own the land and there is no recorded easement. What is the appropriate way to adjust for this scenario?
erin bunn ebunn@roadrunner.com
Dear Erin,
The easement need not to be recorded to exist. You are required to report all apparent easements and I think that this falls into that category. A bigger problem is what effect the easement has on the value of the property. Be careful, this is not going to be easy!
H2
392) Unrecorded Easements
08/23/08
Dear Henry,
Seven home owners share a private road/lane that passes over each others' properties leading to their homes. There has never been a recorded easement. When there is no easement in place, but the owners have been using the access road/lane as if there were, would that be an implied easement? How would this be reported?
Jeremy Smart jeremy.smart@comcast.net
Dear Jeremy,
It is most likely that these property owners have some kind of an easement, even if it is not recorded. I would report what you know and make a notation in your appraisal report that you recommend that a survey be made to determine just what easements exist.
H2
Seven home owners share a private road/lane that passes over each others' properties leading to their homes. There has never been a recorded easement. When there is no easement in place, but the owners have been using the access road/lane as if there were, would that be an implied easement? How would this be reported?
Jeremy Smart jeremy.smart@comcast.net
Dear Jeremy,
It is most likely that these property owners have some kind of an easement, even if it is not recorded. I would report what you know and make a notation in your appraisal report that you recommend that a survey be made to determine just what easements exist.
H2
50) Utility Easement Needed
02/14/07
Dear Henry,
We are building a house on a flag lot, in a regular town (not rural). When the person from the electric department came out, they stated that the best way for us to get service would be to use our neighbor’s pole and come across their property.
My neighbors are concerned about how this will affect their property value, and what restrictions they may incur.
Do you know anything about utility easements and their effect on the property in a situation like this? I believe the electric company is talking about coming down the front of the property and under their driveway and down their property line until they get to our property.
Thanks for your help.
Victoria Phelps victoria28@cox.net
Dear Victoria,
The utility company cannot run a line across anyone's property without an easement. However, these easements are very, very common.
Since this is a question that concerns value, I cannot comment, since I am not a licensed appraiser in your state. You should contact an appraiser, Realtor or anyone one else that will help you convince the neighbors that they should let you run the line.
H2
We are building a house on a flag lot, in a regular town (not rural). When the person from the electric department came out, they stated that the best way for us to get service would be to use our neighbor’s pole and come across their property.
My neighbors are concerned about how this will affect their property value, and what restrictions they may incur.
Do you know anything about utility easements and their effect on the property in a situation like this? I believe the electric company is talking about coming down the front of the property and under their driveway and down their property line until they get to our property.
Thanks for your help.
Victoria Phelps victoria28@cox.net
Dear Victoria,
The utility company cannot run a line across anyone's property without an easement. However, these easements are very, very common.
Since this is a question that concerns value, I cannot comment, since I am not a licensed appraiser in your state. You should contact an appraiser, Realtor or anyone one else that will help you convince the neighbors that they should let you run the line.
H2