Real Estate Law & Policy
Investment Real Estate & Ownership Restrictions
By Buyincomeproperties.com
Oct 31, 2005, 02:07

When you shop for investment real estate, what are the most common restrictions obligated by law?

Well, because residential investment property is the most widespread; right of ways and easements are the most prevalent.

A “Right-of-Way” on your real estate investment, is a kind of easement that provides someone the legal right to travel on your property to get across it. For instance, utility corridors, power lines, sewer and water lines, and gas or oil transmission lines are right of way easements used even on commercial property and mortgage investments.

Other types of easements on your land investment might be mandated to access roads, pathways or walkways or to allow certain privileges like the right to park, the right of light, and the right to commit a nuisance (noise, dust, etc.) Also, a housing development may possess an easement through your investment home’s land to construct and maintain their needed water storage facility.

Not all easements on your investment properties are unwanted burdens. The easement may even add to the value of your home improvement design.

For instance, suppose you use your local commercial real estate brokerage to purchase a Colorado property sporting supply store. Your store’s parking lot has an easement to the Grand Canyon National Park, which is popular for climbing, hiking, rafting, and fishing. To access this forest as a public entry point thousands of tourists will cross your store’s parking lot.

You do not need a mortgage calculator to assess such a value. You would willingly grant such an easement allowing all sale leads to access that National Forest by using your investment land. This easement becomes part of your deed and the park’s deed.

Be aware that a real estate lawyer should be used to add the easement to the deed. If the easement is spoken, but not officially added, then normally it expires in time or after a particular event or after the death of the author.

How might easements on commercial mortgage leads affect individual persons who may not care about business sales?

Check with the real estate franchise that you have hired to understand your particular benefits. For example, your easement typically can prohibit the use of remodeling a home’s fencing which would hinder access to the easement area and prohibit the building of structures on it. Other activities might additionally be prohibited.

On the other hand, investigate your real estate leads to make sure that an easement does not harmfully affect your mortgage leads property values.

Easements on your investment land might seriously limit your choice of buildings that you can erect. High voltage power lines can be unsightly and limit needed walkways. Also, resale values and future home equity loans may be affected due to feelings that living close to those power lines are unhealthy.

Similarly, always inquire from your mortgage brokerage about even unused easements. Never assume that just because an easement may not currently be in use it will never become used. Talk to your expert real estate attorney to find out exactly when and how any easement may be terminated.

As your real estate attorney will tell you, there are myriads of laws, which restrict how you use your real property besides easements. Another common restriction that is imposed by governments is zoning. Zoning restrictions affect the use of your investment property such as residential, agricultural, industrial, or commercial.

Also, the proportions of home remodeling and home improvement contracts are additionally subject to restrictions. Violations can result in injunctions, fines, penalties, and even criminal proceedings resulting in jail time. Thus, once again, when remodeling homes, all structural property changes should be coordinated with building contractors and your local real estate attorney.