Easements Explained: What Homeowners Need to Know

When buying or selling a home, a lot of focus goes into location, price, and features. But there’s one detail that can sneak up and surprise homeowners during the process: easements.

They might sound complicated, but easements are simply the legal right for someone else to use part of your property for a specific purpose.  And because they “run with the land,” they don’t disappear when ownership changes - they can affect buyers and sellers alike.

Common Types of Easements

1. Utility Easements

   • Allow utility companies to access parts of your land for power, water, sewer, gas, or cable lines.

   • Usually along the edge of the property.

2. Access or Right-of-Way Easements

   • Allow a neighbor (or the public) to cross through your land to reach theirs.

   • Common for shared driveways or landlocked lots.

3. Drainage Easements

   • Set aside for water runoff, storm drains, or ditches.

   • Can restrict fencing, pools, or landscaping.

4. Conservation Easements

   • Prevent development in order to preserve natural resources or green space.

5. Prescriptive Easements

   • Rare, but happen when someone uses part of your property openly and continuously (without permission) long enough that they gain legal rights.

Why Easements Matter to Homeowners

• They limit what you can do.
  Want to build a pool, add a shed, or put up a fence? If it’s in an easement area, you may not be allowed to.

• They affect property value.
  Some buyers may hesitate if an easement feels restrictive or intrusive.

• They must be disclosed.
  Sellers are legally required to disclose known easements during a transaction.

• They show up in due diligence.
  Easements are usually noted in the title report, survey, or recorded deed - so they’ll come up when a buyer does their homework.

Advice for Sellers

If you’re selling, be upfront about easements early. Surprises late in the process can scare off buyers. Highlight the easement clearly and show that it doesn’t interfere with everyday use of the home.

Advice for Buyers

Always review the survey and title documents carefully. If there’s an easement, ask: What does it allow? Where is it located? Will it affect my plans for the property?

The Bottom Line

Easements aren’t always bad - in fact, most homes have them. But they can impact how a property is used, so it’s important to understand them before buying or selling.

If you’re unsure about how an easement could affect your home, I can help you review the details and guide you through the process with confidence.

Easements FAQ

Do easements lower property value?
Not always. Most utility or drainage easements don’t affect daily use of the property, so they may not lower value. However, large or restrictive easements - like access roads or conservation easements - can impact desirability and price.

Can you remove an easement?
Sometimes, but not easily. Easements are legal rights and are usually permanent. Removal typically requires agreement from all parties involved (like a utility company or neighbor) and may require a court order.

Will an easement stop me from building?
It depends. If the easement runs through the part of your yard where you want to add a pool, shed, or fence, it may not be allowed. Always check your property survey before starting any project.

How do I find out if a property has easements?
Easements are usually listed on the property’s deed, title documents, or survey. A title search during the buying process will reveal any recorded easements.

Can my neighbor use my property because of an easement?
Only if there’s a legal easement in place, such as a shared driveway or right-of-way. Without a recorded easement, your neighbor does not have automatic rights to use your land.

Do I have to disclose easements when selling?
Yes. Sellers are legally required to disclose known easements. Buyers will also see them in the survey and title documents during due diligence.

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