Friday, August 23, 2019

Protect your family and your investment: Read your deed

By Richie Vaurx

When you purchase your home, you should read your deed thoroughly because it could be costly to you if it is incorrect. It’s important to make sure you understand and ask a real estate law professional for those things that are difficult to comprehend.

Your title company always has a lawyer on staff that reviews the deed. If you use your family lawyer,
make sure they are familiar with real estate law because it may not be their specialty. There could be things listed in your deed that you may not be aware of or understand, For instance, there could be an easement and restrictions and or a (ROW) right-of-way that you might not have been aware of. There are some factors that show up in a deed, and if you don’t understand something- ALWAYS ASK.

What is an easement: It is an agreed upon use of land by someone other than the owner of the property. It allows access, mostly to the utility companies to passage onto your property to maintain public services. There are two types of easements.

Gross Easement:
This type usually allows for an individual to get to his or her property, that is land locked. It would be the only way to get to their property. This, of course, may cost you something but maybe the only way to get to their property. This type of easement passes on to the new owner when the owners sell the property.

Appurtenant easement:
This type of easement will usually join 2 properties. Usually the land with the higher acreage will be the prominent party here. This owner will have more leverage and will usually set the rules moving forward.

A ROW allows an abutter to pass over your land to get to theirs. But, to be clear here, a right -of-way is given to allow an owner of an abutting property to pass over your property to get to theirs. It does not allow you to park your vehicle, stow your boat or anything else on that right-of-way. For instance, if a right-of-way is given to an abutter to get to a lake- you cannot store your canoe or kayak for future use without written permission from the owner. Also, some people think, because they have a ROW they can build a dock or a slip for their boat. It is only with written permission that they can do so.

Be prepared and be knowledgeable about what could affect your quality of living. Always be aware of your limitations and requirements of your easements or rights- of-way. You may require legal services.  Not all lawyers specialize in real estate, so know who to call when you have real estate questions. If you are unsure of where your deed may be, you can always go on-line to the registry of deeds to look up your property.

Richie Vraux is a partner with Maine’s Premier Team at Better Homes and Gardens Real Estate with locations in Windham and Gorham offices. If you need real estate advice, call Richie at 207-317-1297.

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