Buying property for development requires you to check for hidden restrictions that might affect your plans. One common issue developers face is that of prescriptive easements, which give others legal rights to use parts of your property.
These rights often develop over many years without the owner’s knowledge or permission. Smart developers take time to spot these issues before buying property to avoid problems down the road.
Don’t let easements catch you by surprise
Someone can gain a prescriptive easement by using another person’s property for 10 years straight without getting permission. You need to watch for several key signs that might point to a prescriptive easement on your property.
- Visible use: Anyone can see clear signs of regular property use, like worn paths or frequent foot traffic
- Regular access: People use the property consistently over the full 10-year period
- Unauthorized entry: Users access the property without getting permission from the owner
- Physical evidence: The property shows clear signs of repeated use, such as tire tracks or maintained paths
These signs help you spot potential problems when checking out property for development.
Protecting your property rights
You can take several steps to guard against prescriptive easement claims during your development project. Make these checks part of your property research.
- Walk the entire property to spot signs of regular use
- Look at old maps and photos of the property
- Talk to people who live nearby about how others use the land
- Take pictures of any paths or shortcuts across the property
- Put up signs marking private property boundaries
- Get written permission forms for any approved property use
Prescriptive easements can throw a wrench in your development plans if you discover them too late. Taking time to check for these issues early helps you avoid unexpected problems and protect your investment.