We noted in our immediately preceding blog post that easements "are prevalent in real estate transactions in Colorado and nationally" and can be materially important to contracting parties.
We discussed some of the basic features and considerations relevant to easements in our July 28 blog entry. We invite both our local readers and those more widely dispersed across the country to visit that post for fundamental background information on this singular right held by a nonpossessor of property in land owned by a third party.
Why do easements understandably strike many people as complex? And why do we suggest at the established Denver real estate law firm of O'Brien Legal Services LLC that property buyers and sellers reach out for professional guidance when confronted by easement-linked questions or challenges?
For starters, the diverse types of easements can reasonably seem a bit overwhelming, as can their related terminology. Easements can be affirmative or negative (requiring the burdened party to grant some right or activity to the easement holder or to abstain from doing something that will adversely impact a right, respectively). They can "run with the land" or be "in gross" (continue in perpetuity or be for the benefit of only one grantee).
Moreover, some easements are created by express grant in writing, with others existing because they are implied or deemed legally necessary.
What are parties' respective rights and duties regarding one or more easements in a given case?
Candidly, that is hard - indeed, impossible - to say with certainty absent a close and studied legal review of the particulars involved.
A proven Colorado real estate attorney can provide that, as well as render diligent advocacy on behalf of a client with property interests to protect.