When it comes to getting an easement, you’ll want to make sure you’ve got a real estate attorney in Austin, TX, to help you. It would be prudent to understand what easements are and what it entails. There are two main classifications when looking at easements: appurtenant and in gross. The distinct difference between the two has to do with who is allowed to use another’s property and whether that allowance transfers to the next property owner.
To set an example, if Person A has an easement to use their neighbor’s property, such as a driveway, then the next owner of Person A’s place will also be allowed to use that space. The permission transfers over in the case of an easement “appurtenant.”
In the case of an easement “in gross,” using Person A as an example again, if they were to get an easement “in gross,” then the next owner of their property would not have permission to use the neighbor’s space. So the easement is personal to whomever the neighbor had made the agreement with.
It is imperative to have a real estate attorney in Austin, TX, to understand these terms and legal property laws. Find out what easement works best for you when you’re looking for your next property.