When buying or selling a home in Minnesota, one of the most overlooked yet critical aspects of real estate transactions is easements. Whether you’re eyeing a cozy cabin in Brainerd, a suburban gem in Maple Grove, or a city home in Minneapolis, understanding shared driveways, utility easements, and other property-use agreements can save you from future legal headaches and neighbor disputes.
What Is an Easement?
An easement is a legal right that allows someone to use a portion of another person’s property for a specific purpose. This doesn’t mean they own the land, but they do have the right to use it in a certain way. In Minnesota real estate, common easements include:
-
Shared driveway easements
-
Utility easements for gas, water, or sewer access
-
Access easements for landlocked properties
-
Drainage easements
Shared Driveways in Minnesota
Shared driveways are particularly common in urban and older neighborhoods across Minnesota, especially in cities like St. Paul and Duluth. When a driveway is shared between two or more property owners, there should be a written easement agreement that outlines:
-
Who maintains the driveway
-
How costs are shared
-
What happens if one party wants to alter the driveway
-
Dispute resolution procedures
If you’re buying a home with a shared driveway in Minnesota, it’s crucial to review any existing easement agreements before closing.
Why Easements Matter in Real Estate Transactions
During a home inspection or title search, your real estate agent and closing team should investigate any recorded easements. As a buyer, you’ll want to understand:
-
If an easement limits how you can use your land
-
Whether neighbors or utility companies have access to your property
-
What maintenance responsibilities come with shared access
Uncovering an easement too late in the process can delay closing or even cancel a deal.
How to Protect Yourself as a Buyer or Seller
Whether you’re buying or selling a home in Minnesota, here are some tips to protect your interests:
-
Ask your real estate agent if there are any known easements on the property.
-
Review the title report for any recorded easements.
-
Consult with a real estate attorney if easements seem complicated or unclear.
-
Negotiate written agreements for shared driveways or access to avoid future disputes.
Easements and Property Value
While easements themselves don’t always reduce a property’s value, unclear or poorly maintained easements can cause issues. A clearly defined shared driveway agreement, for instance, can give buyers peace of mind and preserve neighborhood harmony—two things that definitely boost curb appeal.
Understanding easements is essential when buying or selling a home in Minnesota. Whether it’s a shared driveway or a utility access agreement, being informed can help ensure a smooth real estate transaction and protect your property rights.
– Jordan Eatherton, Apex Realty Team