What is an easement and how does it affect my property?
What Is an Easement and How Does It Affect My Property?
An easement is a legal right that allows someone else to use a portion of your property for a specific purpose. Even though you still own the land, the easement gives another party—such as a neighbor, utility company, or the public—the legal ability to access or use part of it. Easements often stay with the property even when ownership changes, meaning they can affect property value, privacy, and how the land can be used.
How Easements Affect Your Property
Easements can influence your property in several ways:
- Limitations on use: You may be restricted from building on or altering the area covered by the easement.
- Shared access: Neighbors may use your driveway or private road.
- Maintenance obligations: Depending on the easement terms, you or the easement holder may be responsible for upkeep.
- Potential impact on value: Some buyers may see easements as a benefit (e.g., access roads), while others may see them as an inconvenience.
Example of Easements
The image below illustrates several common types of easements, including driveway access, conventional easements, and easements by necessity.
Common Types of Easements
| Type of Easement | Description | Example |
|---|---|---|
| Express Easement | Created through a written agreement, typically recorded in property deeds. | A shared driveway written into the deed. |
| Easement by Necessity | Arises when a property is landlocked and requires access through another property. | A backlot homeowner needs the right to cross a neighbor’s land to reach the road. |
| Prescriptive Easement | Gained through long-term, continuous, open use without the owner's permission. | A path used publicly for many years. |
| Utility Easement | Allows utility companies to install and maintain power lines, water pipes, or cables. | A buried water line running across your yard. |
| Conservation Easement | Restricts land use to protect natural resources. | A wetland area preserved from development. |
| Public Easement | Grants the public access to specific areas such as beaches or sidewalks. | A pedestrian walkway across private land. |
Why It’s Important to Know About Easements
Before buying or developing property, it’s essential to review all existing easements in the title documents or plat maps. This ensures you understand:
- Who can access your land
- What parts of your property are affected
- Any restrictions on construction or landscaping
If you're unsure about an easement on your property, it may be helpful to consult a real estate attorney or land surveyor.
Credits
- Easement diagram source
- General property law references