Limited rights in rem, part 1. What are easements, and can I sell a property burdened with one?
An easement is one of the most common and at the same time most underestimated encumbrances on a property. Many owners treat it as a formality of no great importance — until they try to sell, or until it turns out they never knew it existed at all. In this article, the first in a series devoted to limited rights in rem, we explain what easements are, how they arise, when they appear in the land and mortgage register and when they do not, and how they really affect whether a property can be sold and at what price.