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Counterparty Confirmation — Easement rights

Ask the seller to identify each easement and compare its route, beneficiary and scope with the current title and cadastral evidence.

Author / reviewer: JUANA Real Estate Last reviewed: 2026-08-21
Counterparty Confirmation — Easement rights

Easement rights can grant limited use or benefit over another property and may be shown in the land registry and, where spatially relevant, cadastral plans. Ask the seller which easements benefit or burden the parcel, then obtain current TKGM records and the underlying deed/plan defining the right. A verbal statement such as “the utility line is informal” is not enough if a registered easement exists. Confirm whether the right is tied to a property or person and what practical area/use it affects.

Documented encyclopedia enrichment: Counterparty Confirmation — Easement rights

Easement rights can grant another party a benefit over a property or burden its use, so asking whether a property is generally “problem free” is insufficient. Identify the right, scope, location, duration, and benefiting or burdened property where relevant, then compare the counterparty explanation with the official record and plans defining the affected route or area.

Verification method

Counterparty confirmation is supporting evidence, not conclusive evidence. Keep the statement in writing, dated, and attributable to a person with authority, then test it against official and independent evidence. Any difference becomes an exception to resolve before closing. If resolution depends on a future seller action, convert it into a closing condition with a defined completion document.

Evidence file

The evidence file should contain the reviewed document, reference or application number where available, retrieval date and time, reviewer, and any earlier version used for comparison. If the information can change, record the effective date of the review and the recheck point. These details prevent a result that was correct on an earlier date from becoming a permanent assumption after the register or transaction circumstances change.

Review checklist

When applying this record to “Counterparty Confirmation — Easement rights”, review at least five elements: property identity, identity and authority of the parties, date of the source or document, any open restriction or exception, and whether the decision requires revalidation before registration or payment release. If any element conflicts with an official source, reliance on the result should stop until the resolution is documented.

Reliance decision

At the end of the review, record a clear status: confirmed, confirmed with conditions, further evidence required, or currently unacceptable. Link the status to the document that resolved each point, with verification date and authority or reference. If the transaction remains open, identify the next action, owner, and deadline. A longer file should not automatically receive a higher confidence level; quality depends on verifiability and consistency of evidence.

Frequently asked questions

What is the practical purpose of “Counterparty Confirmation — Easement rights”?

Ask the seller to identify each easement and compare its route, beneficiary and scope with the current title and cadastral evidence.

What should be verified before relying on “Counterparty Confirmation — Easement rights”?

The review should rely on the competent official register and the currently valid document, matching the property, parcel/block or independent-unit identifier and the parties as required by the topic. Check the issue date, issuing authority, later amendments, and whether any annotation, restriction, or procedure is missing from an older copy.

What evidence should be retained when applying “Counterparty Confirmation — Easement rights”?

Keep the official record or document on which the decision was based, its reference or query number, the verification date, and a record of discrepancies and how they were closed. Where the information can change, revalidate it at a point close to signing or final registration.

What should prevent this review from being closed?

Any unexplained conflict with an official source, missing evidence, or material fact not tied to the correct property and party should keep the review open or move it to a conditional decision.

When should the item be revalidated?

Revalidate when new evidence appears, the register changes, or before registration or closing where enough time has passed for decision-critical information to change.

Sources

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