What is the difference between an easement, a right of way and a restrictive covenant?
An easement is a legal right to use someone else’s property for a specific purpose. For example, an easement may allow a utility company to access your property to install and maintain power lines.
A right of way is a type of easement that allows someone to pass over someone else’s property. A right of way may be established for a variety of purposes, such as access to a road or a shared driveway.
A restrictive covenant is a legal agreement that imposes restrictions on the use of a piece of property. A restrictive covenant may be contained in a deed or other legal document and may impose limitations on the use, appearance, or maintenance of the property.
One key difference between an easement and a restrictive covenant is that an easement benefits a specific person or entity, while a restrictive covenant benefits the community or neighborhood as a whole.
Another difference is that an easement gives the holder the right to use someone else’s property, while a restrictive covenant imposes limits on the use of one’s own property.
It is important to understand the terms of any easements, rights of way, or restrictive covenants that apply to your property, as they can have significant legal implications. You may want to consult with an attorney if you have questions about these types of agreements.