Quick Answer
An easement lets someone else use part of your property for a specific purpose, like running utility lines or crossing to reach a landlocked parcel, while you keep ownership. Most easements are recorded in the deed or shown on a survey and transfer automatically to future owners.
- Who it affects
- Current and future owners
- Common types
- Utility, access, drainage
- Where it's recorded
- Deed or county records
- Does it change ownership
- No, just use rights
Common Types of Easements
Utility easements let power, water, gas, or cable companies install and maintain lines across a yard, usually along a rear or side property line. Access easements, sometimes called right-of-way easements, allow a neighbor to cross one property to reach their own when there's no other road frontage. Drainage easements protect a natural or engineered path for stormwater to flow through a subdivision.
Because these rights run with the land, they typically remain in place no matter who owns the property, which is why a title search and survey are so important before closing.
How Easements Show Up During a Sale
Most easements are discovered during the title search or noted on a recorded plat, and a current survey will show exactly where they sit relative to structures. An easement usually isn't a dealbreaker, but buyers should understand what it limits, such as where a fence, pool, or addition can go.
If an easement seems to have been created informally, without ever being recorded, that's a different situation worth discussing with a title company or real estate attorney before closing.
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Frequently Asked Questions — Easement
Can I build on an easement on my property?
Generally no, or only with restrictions. The easement holder has the right to access that area, so structures placed there can sometimes be required to move.
Does an easement lower my property's value?
It can affect how much of the lot is usable, but common utility and drainage easements are routine and rarely change value much on their own.
Is an easement the same as an encroachment?
No. An easement is a legal right to use part of a property, while an encroachment is a structure that has physically crossed a boundary line without permission.
Who removes an easement?
Easements typically end only by agreement, expiration of their stated purpose, or a legal release recorded with the county, not simply when a home sells.