If you own land or are planning to buy property, there is one legal term you need to understand before signing anything: a property easement. Easements affect more than 30% of residential properties in the United States, yet most homeowners have never heard of them until a problem comes up. Knowing what they are and how they work can save you a lot of stress and money down the road.

What Is a Property Easement?

A property easement is a legal right that allows a person or company to use part of someone else’s land for a specific purpose, such as running utility lines or accessing a road. The landowner keeps ownership but cannot block the easement holder from using that portion of the property.

An easement does not mean someone else owns your land. It simply means they have the legal right to use a portion of it for a stated reason. For example, your electric company may have an easement to run power lines across the back of your yard. You still own the land, but you cannot build a structure that blocks those lines.

Easement vs. Right-of-Way: What Is the Difference?

These two terms are often used together, but they are not the same. A right-of-way is a type of easement that gives someone the right to travel through your property, usually along a set path. An easement is the broader legal term that covers all types of permitted use, not just travel. Think of a right-of-way as one branch of the easement family.

Types of Property Easements

The four most common types of property easements are utility easements, access easements, prescriptive easements, and drainage easements. Each type gives different rights to the holder and places different limits on what the property owner can do with their land.

Utility Easements

Utility easements are the most common type. They allow power, gas, water, and cable companies to install and maintain lines or pipes on your land. These easements cover millions of miles of private land across the country, according to the U.S. Energy Information Administration. As a landowner, you cannot build permanent structures over these areas.

Access Easements

An access easement gives someone the right to cross your property to reach another location. This is common in rural areas where one property is landlocked and the only way in or out is through a neighbor’s land.

Prescriptive Easements

A prescriptive easement is created when someone uses your land openly and without permission for a long period of time. If they do this consistently, they may earn the legal right to continue using it. The length of time required varies by state, so checking your local laws is important.

Drainage Easements

Drainage easements allow water to flow across your property in a controlled way. Local governments often set these up to manage stormwater and prevent flooding in surrounding areas.

How to Find Out If Your Property Has an Easement

To find out if your property has an easement, check your property deed, review the plat map at your county recorder’s office, request a title search, or hire a licensed land surveyor. Easements are recorded in public land records and will appear on a boundary survey.

Here are the most reliable steps to take:

• Review your property deed for any recorded easements
• Visit your county recorder’s or assessor’s office and request the plat map
• Ask a title company to run a full title search
• Hire a licensed land surveyor to conduct a boundary or ALTA survey

An ALTA/NSPS Land Title Survey is the only survey type that officially identifies and maps all easements on a parcel according to national standards. It is the most thorough option available.

How Easements Affect Property Value

Easements can reduce property value by limiting how you use or develop your land. According to the Appraisal Institute, properties with unresolved easement issues can lose between 5% and 40% of their appraised value, depending on the type and location of the easement.

Easement disputes are also among the top five causes of real estate litigation in the United States, according to the National Association of Realtors. This is why it is important to know about any easements before you buy. A large utility easement running through the middle of a lot, for example, can prevent you from adding to your home or putting up a fence. These restrictions directly affect what buyers are willing to pay.

Not all easements lower property value, though. A small access easement along the edge of your lot may have little to no financial impact if it does not interfere with your plans for the land.

Can a Property Easement Be Removed?

Yes, a property easement can be removed, but only under specific legal conditions. These include a mutual agreement between both parties, the easement’s purpose no longer existing, or a court ruling it invalid. Simply wanting to remove an easement is not enough on its own.

Here are the main ways an easement can end:

• Both parties agree in writing to terminate it
• The purpose of the easement no longer exists, for example, a utility line is permanently removed
• The same person buys both properties, merging ownership into one
• A court rules the easement was never valid or has since expired

Before attempting to remove an easement, speak with a real estate attorney and a licensed land surveyor. They can review the recorded documents and advise you on the best path forward.

Frequently Asked Questions

Do easements transfer when a property is sold? 

Yes. In most cases, easements are attached to the land, not the owner. This means they carry over to the new owner when a property changes hands. This is why reviewing easements during the buying process is so important.

Can I build a fence on an easement? 

It depends on the type of easement. Most utility easements prohibit permanent structures, including fences. Access easements may allow fencing as long as a gate is provided. Always check the specific terms of the easement before building anything.

Who is responsible for maintaining an easement area? 

The easement holder is usually responsible for maintaining the area they use. However, the property owner is still expected to keep up the surrounding land.

Are easements the same as encroachments? 

No. An easement is a legal right granted to use someone’s land. An encroachment happens when a neighbor builds or extends a structure onto your property without permission. They are two separate legal issues with very different solutions.

How long does it take to resolve an easement dispute? 

It varies. Simple disputes settled between neighbors can take a few weeks. Cases that go to court can take months or longer. Working with a qualified land surveyor and a real estate attorney early in the process can help speed things along.