Most buyers understand the importance of doing inspections before completing a home purchase. Many buyers, however, are not aware that inspections might fail to reveal issues that could affect their use and enjoyment of the property. For example, a home was recently purchased in the Berkeley Hills near San Francisco. An inspection of the title record indicated that there were no easements recorded against the property. An easement grants limited property rights to someone other than the owner of record. Easements can restrict your use of a property, or they can enhance your property rights. A sewer easement across your property is an example of a restrictive easement. Usually the person or entity that benefits from the easement has the right to maintain the easement. If so, you are restricted from building over the easement or doing anything that would preclude the easement holder's maintenance rights. A sewer easement would benefit your property if it enabled you to hook up to t...
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