What are Covenants and Easements?

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Covenant

A covenant is contractual agreement, creating an obligation to the proprietor of the land to which the covenant is attached, and is passed down with the property when transferred. They are used, in most cases, to preserve rights and regulate standards outside the range of easements (see below) and can be either positive or negative to the proprietor. Covenants can include many different things, such as: the minimum floor size that a house is allowed to be, the materials used to build, or even the use of the particular objects on the property like business signs, etc.

Easement

An easement is an interest in land that allows a person to have beneficial use of another's land for a specific reason. It is therefore a restriction on the land over which the easement is held. Easements come in many forms and property related services, but some of the most common in residential areas are sewer and drainage issues, and the combined use of a single driveway for two adjoining properties. Some easements provide the right of passage for another over the other's property. Some easements require maintenance, meaning that to ensure that the easement still applies, it must be used; such with the right of passage: if that passage becomes unused, then that easement may be lost in time. The particulars of an easement will be stipulated in the title of the land to which the easement applies. Purchasers should also note that there may be unregistered easements such as sewers, drains, water pipes, gas pipes (if applicable), and underground and/or overhead cables.