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Easements to be aware of when buying commercial real estate

On Behalf of | Jun 13, 2023 | Real Estate Law

When purchasing commercial real estate in New Hampshire, you need to have a comprehensive understanding of the potential easements that may affect the property. Easements grant rights to individuals or entities to use or access certain portions of a property owned by someone else.

Learn more about the types of easements you should be aware of when buying commercial real estate in New Hampshire.

Utility easements

Utility companies, such as electric, gas, water or telecommunications providers, may have the right to access the property to install, maintain and repair their utility infrastructure. These utility easements typically grant companies access to specific areas, such as underground pipes or overhead lines.

It is important to understand the extent and location of utility easements on the property and consider any potential limitations they may impose on your development plans.

Access easements

Access easements grant the right to access the property through a designated route or pathway. For example, a neighboring property owner may have an easement allowing them to use a driveway or road on your property to access their land. Understanding the details of access easements is helpful to ensure that they do not hinder your intended use of the property or create conflicts with neighboring property owners.

Conservation easements

Conservation easements are becoming increasingly common and play a significant role in preserving natural resources and open spaces. These easements restrict certain activities on the property to protect its environmental or historical significance.

While conservation easements can provide benefits such as tax incentives and environmental stewardship, they may also impose restrictions on development, land use or alteration of the property.

Other easements

There may be various other easements that could affect the commercial property you are considering. These can include drainage easements, which ensure proper water drainage across properties, or view easements, which preserve scenic views. You should identify and understand any other easements that may impact your use and enjoyment of the property.

These rights can significantly impact the use, development and value of the property. Consulting with professionals, such as surveyors or real estate agents familiar with local regulations, can provide valuable insights and guidance to and protect your investment in commercial real estate.