Easement

What is an easement in real estate?

An easement is commonly used when someone who doesn’t own a property needs access to it, like a neighbor, a utility company, or the public. Even though it still belongs to the original property owner, the easement gives another person or entity limited rights to use it.

Property easements are often used in residential areas, rural properties, and commercial spaces to prevent conflict, keep access open, and protect shared resources. Express easements are formal written agreements, while implied easements are informal agreements. Some common examples include the following:

• Utility easements allow utility companies to access parts of your land to install or maintain power lines, gas lines, or water pipes.
• Access easements give a neighbor the right to use a private driveway or pathway that crosses private property.
• Informal easements in gross let a specific person use your land temporarily, but these do not carry over to future owners.
• Right-of-way easements allow public or private road access across your land, which can benefit neighbors or the general public.
• Prescriptive easements give implied permission based on someone openly and continuously using the property for a specific purpose.
• Drainage easements let stormwater or drainage systems flow through or be maintained on your property.
• Negative easements restrict how you use your property to preserve wildlife, open space, views, or historical features.

A property owner often can’t remove an easement on their own, especially if it was recorded in the property deed or granted by law. To challenge or remove an easement, you usually need to work with a real estate attorney and may need a court order or written agreement from the easement holder.

FAQs

What’s an example of an easement?

An example is when a utility company has the right to access part of your yard to repair underground cables. Even though you own the land, utility easements allow them to enter for that specific reason.

What is the most common easement?

Utility easements are found on many properties. They let electric, gas, or water companies access lines or equipment. Access easements that allow neighbors to get to their property through another property are also very common.

What are the disadvantages of property easements?

Easements can limit how you use certain parts of your property if you can’t build or change anything in that area. It can also affect your ability to sell the home, especially negative easements that prevent renovations or additions.

Can a property owner block an easement?

No, a property owner usually can’t block a valid easement, especially if it’s a legally recorded express easement. Blocking an easement could lead to legal action from the easement holder.