Custom homes discussions and local services.
Discussion options
Does a shared access easement need to be recorded before closing?
A visible road to a parcel doesn’t necessarily show what legal access rights come with the land. If the route depends on a neighbor’s informal permission, how should a buyer establish whether that arrangement will continue after the property changes hands?
For a shared access easement, is it enough to confirm that it’s recorded and runs with the land, or should the purchase contract also make closing contingent on reviewing its route, permitted uses, and maintenance obligations? I’d also like to know what a title review can confirm and what’s best taken to a local real-estate attorney, especially before waiving contingencies.
Join the conversation
Share your experience or ask a follow-up question.
2 replies
A recorded easement doesn’t necessarily settle whether it works for the access you need. Does the legal description match the route on the ground, and do the permitted uses cover your intended use? If there’s a mismatch or ambiguity, that seems worth resolving with a local real-estate attorney before waiving contingencies; the recording alone won’t tell you whether the route is practically usable.
I’d make review of the maintenance terms part of the contingency, but I wouldn’t treat the mere presence of a maintenance clause as enough. It may assign costs to the easement users without saying how they’re divided or who decides when repairs are needed. Before waiving review, check whether the recorded terms address both; if they don’t, ask your real-estate attorney whether the purchase agreement should clarify them.