An easement gives someone the legal right to use part of another person's land for a specific purpose. It usually stays with the property even when ownership changes.
Common types
- Utility easements for power, water and cable lines.
- Access easements, such as a shared driveway.
- Easements by necessity when land would otherwise be landlocked.
- Prescriptive easements created through long, open use.
- Conservation easements that limit development.
How they arise
Easements can be created by written agreement, by a deed, by implication from prior use, by necessity or by long use. They are typically recorded in land records, so a title search shows them.
Effects on owners
- You may be unable to build on the easement area.
- The easement holder may have maintenance duties.
- Blocking an easement can lead to legal action.
- Easements affect property value and financing.
If there is a dispute
- Review the deed and title documents.
- Order a survey to show boundaries and easements.
- Talk to the other party and try a written agreement.
- Seek mediation or a real estate attorney.
- Court can declare rights or end an easement in some cases.
Frequently asked questions
Can an easement be removed?
Sometimes, by agreement, abandonment or court action.
Do easements show up when buying a home?
Yes in the title report, so review it.