Easements are one of those real estate concepts on which it’s difficult to get a consensus. To some, they are harmless items that can be ignored. To others, they are a fatal encumbrance on a piece of property, restricting its use and diminishing its value. While both opinions may be true depending on the circumstances, the fact is that easements generally fall somewhere in between those two extremes. To understand why, it is important to have a general understanding of what easements are and how they affect real property rights.

Winding up an estate is a difficult task, one that can take a toll on a group of the decedent’s family and loved ones. This process, however, is exponentially more challenging when a person dies intestate. Real property is particularly difficult to distribute without a definitive statement of intent on the part of the deceased. The various methods of descent in intestacy create tangled estates as families grow in complexity, and so many conflicts might be resolved otherwise through the careful act of creating an estate plan.

As a real estate attorney, I am frequently asked by clients to provide a “general form” with boilerplate language that can be used for a lease or contract, whether it be for a commercial or residential property. Alternatively, clients turn to the Internet for one of these one-size-fits-all forms. I cannot fault clients for their desire to have a form that can be used in all situations, but the truth is that no such handy-dandy form exists. If it did, the job of a real estate attorney would be much easier!