Easements

Easements on title are not always easy to understand. Reading a copy of the actual easement before you purchase a piece of property may help you avoid an adversarial relationship with your neighbor down the road. Down below we've outlined a scenario similar to one that we were recently asked about. A little background info: Houses A and B share a boat launch easement. Houses C and A were originally one lot that was subdivided into two. The first time House C sold there was no boat launch easement mentioned in the title commitment. When the current owners of House C purchased their property the title commitment showed it was "subject to" the boat launch easement. What's the main issue? House A has installed a gate which denies access to the boat launch via his property. House C has been using the boat launch easement for the past 5 years to access the beach (not to launch a boat). The next step: Before a resolution can be determined the following questions need to be asked;  What rights are granted/defined in the easement in question? Solely for the boat launch or for beach access also?  Which properties have rights to the boat launch easement? Only A and B or all three?  If House C has historic use of the easement for other purposes, in doing so have they established/acquired a prescriptive easement to the waterfront?  House C may want to contact their title company and ask for a copy of the boat launch easement and what "subject to" means.