How do I know if the property I want to buy has one? How do I find out if it is abandoned or not?

This is by no means exhaustive, and I’ll try not to use legalese, but we need to start with some basic ideas. Easements are nonpossessory interests in land of another, entitling the easement holder to limited use of the other’s land. Nonpossessory is a term to describe any of a category of rights held by one person to use land that is in the possession of another.

An easement does not give the holder a right of possession but rather a right to use something from the possessory estate of another.

An easement holder is a person with a legal right to use the easement and may include the owner of the land across which the easement passes.

There are numerous ways of creating easements. The way in which the easement was created will necessarily determine the scope of the easement and the extent of the encumbrance on the underlying real property.

Think of utilities, the most common type of easement, which provides for access to the dominant estate over the servient estate. A utility easement allows for wires, cable, or pipes to be strung over, placed upon, or buried under the servient estate.

A grant of an easement should be drawn and executed with the same formalities as a deed to real estate.

Generally, abandonment occurs only when an easement holder manifests the intent to relinquish the servitude by affirmative conduct.

Typically, when buying a piece of property, you will obtain a title report. The title report should show all easements of record.

The most efficient way to vet out an easement is to have a local real property lawyer in the county where the land is situated to investigate the chain of title and other instruments pertaining to the parcel that are public record.