Easements, Rights of Way, and Things You Don't Know

It's shocking, not in a good way, how little is understood about rules that govern the use of a site. Few know the difference between a plat and a survey, or how encroachments, easements, and rights of way might impact a property. Eminent domain, often used for area improvements, is regularly misunderstood. Most alarming is the level of ignorance by real estate agents; the very ones that are expected to counsel buyers and sellers often have zero idea about any of this. But really, is that a surprise?

A great example is in the video below. This is a drainage ditch that carries runoff from the roadway, and it runs across the front yard of a home. In this case it's dressed up a bit, but the municipality has the right to come onto this property, as/ if needed, to maintain or improve this ditch.

While above ground ditches might not be considered common, below ground systems are. When clean outs or utilities drops are noticed on a property, it is virtually certain that there is an easement for access and maintenance. In parts of Atlanta. there are pipes that run underground, not readily visible but with easements for access. They must be accessible, so no pools, additions, hardscapes, improvements, or anything that can’t be easily moved.

Utility companies and municipalities have the right to access “rights of way” on a property. Most common are areas that border roads. In this video, we see drainage ditches that need to be maintained. In the event the road is to be widened, a part of the site could be taken for that use under eminent domain rules. If you consider a home with a double yellow line, you might see those orange traffic barrels out there one day. Be careful.....

The real estate industry is evolving from a hands on type of industry to a production line format. Consumers that do not take the initiative selecting professional agents may have unexpected problems. In some cases, they will come without warning and they will not be welcomed...

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• Survey (1)
• Right of Way (1)
• Plats (1)
• Easement (1)