When selling or purchasing a home in South Carolina, numerous real estate terms may come into play. It’s wise to make sure you understand all applicable terms before signing an agreement. Lack of understanding can not only lead to confusion, but it can also delay closing or, worse, prevent you from selling or buying a specific property. Many people mistakenly believe that the terms “right of way” and “easement” are interchangeable when, in fact, that is not the case.
If you’re buying or selling a home that includes a right of way or easement, it’s critical that all involved parties understand the meanings and scopes of these terms. It is correct to say that all rights of way are easements, but not all easements are rights of way. This post provides a basic overview of each phrase to help you understand the differences between them.
A right of way is a type of easement
There are various types of easements that may have an impact on the buying or selling of real estate in South Carolina. A right of way is one type of easement. An example would be a driveway or road that cuts through private property. Perhaps it is the only way to access another property. A right of way easement would give people who wish to access that other property the right to use the driveway or road to get there.
Rights of way are not always for everyone. You might establish a right of way for a specific individual, such someone whom you allow to cut through your property to access a main road rather than going “the long way around.”
Other types of easements
A real estate easement can be appurtenant or gross. The former refers directly to property rather than owners. If you sell property that has an easement appurtenant, the easement remains in effect for the new owners as well. On the contrary, however, the latter (easement in gross) applies to a particular individual or group that holds the easement.
There are affirmative easements and negative easements. A negative easement typically prevents certain actions, such as erecting a structure that blocks public view of something. An example of this would be an easement that prevents a property owner from building a shed, fence or other structure that blocks people’s view of a lake. An affirmative easement allows the holder to use a piece of land for a specific purpose. Easements can be express (written contract) or implied by prescription (permitted usage over a period) or necessity, such as crossing private property to access public property. Discuss the differences between right of way and easements with an experienced buyer’s agent or listing agent if you’re planning to purchase or sell a property anytime soon.