Fix Easement Issues in Real Estate Before Sale

Think your sale is a done deal? Think again. Easement issues in real estate can silently kill closings. Today, Advanced Title Company in Grand Junction, CO, shows how to stop them in their tracks.

Your dream sale shouldn’t fall apart at the finish line. Get ahead of hidden title risks and reach out to Advanced Title Company in Grand Junction, CO, at (970) 255-7677 and ask about our comprehensive title insurance options.

What Is an Easement in Real Estate?

An easement is a legal right that allows someone to use part of another person’s property for a specific purpose. For example, a utility company may have the right to run electrical lines across your land, or a neighbor may have a right-of-way to access their driveway through your property. Easements can be beneficial, but they can also create confusion, delays, and legal disputes if not properly disclosed or understood.

In Grand Junction, easements are common due to the area’s mix of urban development, agricultural land, and rugged terrain. Easement issues in real estate become particularly troublesome when they are old, poorly documented, or forgotten altogether, especially during a property sale or refinance.

Why Easement Issues in Real Estate Cause Closing Delays

Title companies perform a detailed search of public records to uncover any existing easements that may impact your property. However, outdated easements, some dating back several decades, may not be accurately recorded or easily identifiable. When these old easements surface late in the transaction process, they can trigger a wave of problems:

• Buyers may back out if an easement affects how they plan to use the property.
• Lenders may delay funding if legal rights to the land are in question.
• Closing dates get pushed as attorneys, surveyors, or title professionals investigate the issue.

These scenarios are more common than you might think, and they often catch both buyers and sellers off guard. That’s why addressing easement issues in real estate early on is critical for avoiding unexpected complications at the closing table.

Don’t wait until closing day to find out a property has an access dispute. Contact Advanced Title Company in Grand Junction, CO, at (970) 255-7677 and get covered with Colorado’s most trusted title insurance.

Real-Life Examples from Mesa County

Let’s say a Grand Junction homeowner lists their property for sale and receives a strong offer. Everything is moving smoothly until a title search reveals an old easement that grants access to a now-defunct irrigation ditch. The buyer is concerned that the easement could affect their future plans to build a backyard structure. So, additional legal review is required, and the buyer starts reconsidering their purchase.

Why Older Easements Are a Growing Risk

Older neighborhoods in Mesa County, including areas of Grand Junction, Fruita, and Palisade, often carry the burden of easements recorded decades ago—sometimes even handwritten or tied to expired local agreements. In many cases, previous property owners didn’t contest or investigate these easements because they weren’t actively enforced.

But today’s buyers are more informed and more cautious. A minor easement that once seemed harmless could now be seen as a deal-breaker if it threatens future use or resale value. Title professionals are finding that easement issues in real estate are becoming more common as older homes change hands and development in the area increases.

How Title Insurance Protects Buyers and Sellers

This is where title insurance plays a vital role. A title insurance policy protects buyers and lenders from legal claims or problems with the title, including easements that were not properly disclosed or understood at the time of purchase.

Here’s how title insurance helps specifically with easement issues:

1. Identifies Easements Early: During the title search, professionals look for any recorded easements that affect the property. This includes utility, access, and conservation easements, among others.
2. Ensures Disclosure: Title agents will inform both the buyer and seller of any known easements so there are no surprises late in the deal.
3. Provides Legal Protection: If an easement was missed during the search or is misrepresented, title insurance can cover the legal fees or damages resulting from a dispute.
4. Boosts Buyer Confidence: Knowing that potential land-use restrictions have been addressed reassures buyers and helps sellers close faster.

Without title insurance, buyers and sellers would face a much greater legal and financial risk from easement issues in real estate, especially ones that aren’t readily visible or understood.

Don’t let a forgotten easement bring your real estate deal to a halt! Call Advanced Title Company in Grand Junction, CO, at (970) 255-7677 to get protected with trusted title insurance today.