Both easements and rights of way grant nonowners access to private properties. If you own real estate that includes either — or you’re buying a property with such rights soon — it’s imperative that you understand their limitations. It’s also essential to locate them with help from a land surveyor. Learn more about these property rights in the guide below. 

What Is an Easement?

Easements grant others the use of a property that they don’t actually own. There are two kinds: gross and appurtenant. Gross easements apply to individuals or entities, while appurtenant variants apply to the property in question. 

A gross easement gives a specific party the right to use the land; it’s an agreement between the owner and the user. An appurtenant easement joins two adjacent parcels and remains in effect even if the property changes hands. 

What Is a Right of Way?

A right of way allows parties to travel across the property. It might be granted to the general public or to a particular individual, group of individuals, or entity. Rights of way are more limited than easements as they don't convey any rights of usage beyond traversing the lot to get from point A to point B. 

Why Is It Important to Locate Any Easements or Rights of Way?

It’s imperative to locate the precise borders, easements, or rights of way on your property — ideally before you buy it — because they'll influence what you can and can’t do on your own land. For example, if you intend to erect a shed or workshop, its foundation can't encroach on the space. Likewise, you can't fence off any portion of the easement or right of way, thereby hindering access. 

To determine precisely where your property’s easements or rights of way are located, turn to Ferguson & Foss Professional Land Surveyors PC. Operating out of Johnstown, NY, this company is backed by more than 70 years of collective experience. Their licensed land surveyors are equipped to perform a broad range of services, including construction staking, subdivision mapping, and property line locating. To discuss your needs with a professional land surveyor, reach out on their website or call (518) 762-9997.