Easement for Flood Control

Although an easement grants a possessory interest in the land for a specific purpose, the landowner retains the title to the property. Easements may be given to anyone, such as neighbors, government agencies, and private parties.

An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.

The value of the easement is based on the difference between the value of the whole property before the taking and its value after the taking with the easement in place.

A property easement is generally written and recorded with the local assessor's office. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it.

Floodplain easements restore, protect, maintain and enhance the functions of floodplains while conserving their natural values such as serving as fish and wildlife habitat, improving water quality, retaining flood water, and recharging groundwater.

Include the whole length and width. Do this by reference to plans and a ground inspection. Deduct the "after scenario" value from the "before scenario" value to arrive at a value per unit of the easement land. Multiply by the measured area of the easement land to arrive at a total market value.

Enter into an agreement with the easement holder to terminate the easement. Buy the adjoining property. Explore legal remedies to limit or terminate the easement.

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.