Purchase an Easement

2 Replies

Hi,

I have an option to purchase a commercial property that has found itself with restricted access via a lot next door.  The neighbor is looking to sell their property and is wanting to resolve the decade's old handshake deal he made with the soon to be former owner of my property.  I discovered there is an easement in place on the neighbors property that coincidentally covers the driveway we currently use, however, the easement is owned by a third party.  I have located that owner of that easement and plan to reach out to him and possibly offer him some money to transfer that easement to me, but I wasn't sure if that's even possible.  Does anyone have any experience in easement transfers and is can people effectively buy/sell easements if there is no clause in the filed easement specifically prohibiting it?  Thanks in advance!

I assume the third party is a prior owner of the subject property and, if so, the easement will likely have language to the effect that it runs with the land... meaning all subsequent owners (including you) would benefit. You'll need to pull the instrument and review it to confirm.