Easements grant a legal right for someone to use a portion of your land without owning it, placing limitations on your property rights as a homeowner. These are often permanent and “run with the land,” meaning they transfer with ownership. Common types include utility, right-of-way, and prescriptive easements, which can impact building, resale value, and maintenance. Always review title reports and surveys before buying to identify existing easements.
This guide breaks down everything you need to know about easements—without the legal jargon. We’ll explore:
- What easements are and how they work
- Different types of easements
- Real-world examples and comparisons
- How to identify them before you buy
- Practical strategies to avoid common pitfalls
Let’s clear the path to confident ownership.
What Is an Easement?
An easement is a legal right for someone else to use a portion of your land without owning it.
Think of it like this:
You own the land, but someone else has limited access rights to it—for a specific purpose.
Key Points:
- You still own the property
- Easements are often permanent (unless removed or terminated)
- They “run with the land”, meaning they stay in place even if the property changes hands
Real-Life Example: Easement in Action
Let’s say you purchase a home with a driveway, but your neighbor has a legal right to drive across part of it to access their garage.
This is called a right-of-way easement, and while the property is yours, you can’t block their access—even if you don’t particularly enjoy their taste in car horns.
Types of Easements (and Why They Matter)
Here are the most common types of easements you’ll come across in residential and commercial real estate:
1. Utility Easements
Most common type Allow public or private utility companies to access land for infrastructure (e.g., power lines, water, sewer) Can affect where you build or plant
Example: A gas company may have the right to dig through part of your yard to maintain lines.
2. Right-of-Way Easements
- Allow a person or entity to travel across your property
- Often seen in shared driveways or rural parcels
Example: Your neighbor has the legal right to use a section of your land to reach a public road.
3. Prescriptive Easements
- Arise through long-term, unauthorized use of land
- Can become legal if certain conditions (like duration and open use) are met
Example: Someone uses your land as a footpath for 15 years and claims a right to continue doing so.
4. Easement by Necessity
- Created when a property has no legal access except through another parcel
- Courts can establish these easements to prevent landlocking
Example: A rural parcel has no road access unless it crosses a neighbor’s land.
5. Conservation Easements
- Used to preserve natural or historic features
- Restrict certain types of development, usually in partnership with a nonprofit or government agency
Example: You agree to protect a wetland area, limiting future construction.
Easements vs. Encroachments: What’s the Difference?
- Easement: Legal right to use property
- Encroachment: Unauthorized use or intrusion on property
Tip: Easements are recorded; encroachments are often discovered during surveys.
Why Easements Matter When Buying Property
Easements can affect your:
- Ability to build structures (e.g., a pool or fence might violate utility easements)
- Home’s resale value (buyers may be wary of shared access)
- Maintenance responsibilities (you may need to maintain shared driveways)
- Future legal disputes if rights and boundaries aren’t clearly defined
Comparative Insight: Home A vs. Home B
| Feature | Home A (With Easement) | Home B (No Easement) |
| Lot Size | 10,000 sq ft | 10,000 sq ft |
| Buildable Area | 7,500 sq ft (due to easement) | 10,000 sq ft |
| Resale Value | $450,000 | $475,000 |
| Accessibility | Shared driveway | Private driveway |
| Buyer Interest | Moderate | High |
This table shows how two similarly sized properties can have significantly different market dynamics due to easements.
How to Find Out if a Property Has an Easement
Before you buy, be proactive:
Review the Title Report
Ask for a preliminary title report or title commitment—this will show any recorded easements affecting the property.
Order a Land Survey
A licensed surveyor can physically mark boundaries and easements on the land.
Examine the Deed
Deeds may list specific easement rights or reference documents outlining them.
Check Public Records
Most easements are recorded with the county clerk or recorder’s office.
Ask the Seller Directly
Ask about any known easements, verbal agreements, or shared access rights. Even unrecorded easements can be legally binding.
What Can You Do If a Property Has an Easement?
Not all easements are dealbreakers—but you do need to know how to manage them.
Practical Tips
- Negotiate: Request maintenance agreements for shared easements (e.g., driveways).
- Build Around It: Design landscaping or structures to avoid interference.
- Verify Use: If an easement isn’t currently being used, check if it can be extinguished.
- Consult a Real Estate Attorney: Especially for prescriptive or unrecorded easements.
Can You Remove or Modify an Easement?
Yes—but it’s not always easy.
Common Scenarios:
- Abandonment: If the easement hasn’t been used for years and there’s no intent to use it again, you may petition to terminate it.
- Merger: If the person benefiting from the easement buys the property, the easement may automatically dissolve.
- Legal Agreement: All parties agree in writing to terminate or modify the easement.
Heads-up: Removing an easement often requires legal assistance and must be recorded properly to take effect.
Easement Calculator (DIY Prompt)
Want to estimate how much an easement might impact your usable space or property value?
Try this:
- Calculate total lot square footage
- Subtract easement square footage
- Divide usable area by total area for % usability
- Estimate market value based on usable square footage
Example:
- Lot = 10,000 sq ft
- Utility easement = 2,000 sq ft
- Usable area = 8,000 sq ft
- Usability = 80%
- Adjusted value based on local price per square foot
Final Thoughts:
Easements are common—and not always problematic. The key is knowing what you’re buying. Armed with the right questions, tools, and team, you can avoid costly surprises and buy with confidence.