What’s an easement in real estate? How they affect your land

What you’ll learn ✅

— What an easement is and how it works

— The most common types of easements and how they affect your property

— When and how easements can be lifted

You’ve found the perfect home, made an offer, and the seller accepted. But then you’re hit with an unexpected detail: The title search turns up an easement, which means part of your property is legally accessible by specific third parties.

While this may be surprising, there’s no need to worry. Easements come in different types, and while some are inconvenient, they aren’t inherently bad. Some, like utility easements, can even be beneficial.

This guide explains what an easement is in real estate and how it might affect your ownership rights. Plus, learn ways to uncover these details before you commit.

What’s an easement on a property? 🔍

An easement is a right that grants a third party access to parts of a property in a specific way. 

By definition, an easement is a right to use, not a right to ownership. The most familiar example is probably right of way. Suppose the only way for your neighbor to reach the public sidewalk is by crossing a portion of land on the edge of your front yard. There might be an easement in place that gives your neighbor the legal right to walk through just that section.

3 types of property easements

Here are three typical types of easements in real estate and how they work.

1. Easements appurtenant

An easement appurtenant, also simply called “right of way,” gives one property owner the right to use part of another property to get somewhere or reach something. A classic example is a driveway easement. Imagine you have a neighbor whose only route to public streets is over your driveway. There may be an easement on your property that gives them the legal right to cross so they can reach the main road.

A right of way easement is tied to the land, not the owner. That means if you buy a home that has an easement appurtenant, you inherit it along with the title. 

2. Easements in gross

Easements in gross allow a person or company to use land to access items or get somewhere. Utility easements are the most common in this category. Public service companies need a way to maintain and install utilities like electrical and gas lines. An easement in gross allows them to do their work without having to ask the owner for permission every time.

Unlike an easement appurtenant, they’re held by an individual entity rather than tied to the land. They also don’t automatically transfer to the new owner when a property is sold.

3. Negative easements

A negative easement restricts what the homeowner can do. For example, if building a fence in your garden above a certain height would block the sunlight coming into your neighbor’s garden, there could be a negative easement on your property forbidding it.

How do you create easements?

Here are the most common ways to create an easement on a property:

— Express easements are created intentionally by two parties and recorded in a written agreement or deed. This makes sure they show up in title searches. A common example is two neighbors agreeing that one can use the other’s path to reach a lake shore by car.

— Implied easements aren’t formally written down but have legal backing thanks to historical use patterns. Imagine a water line to your home has always run under the area behind your yard. If that land becomes a separate lot, your right to use it for water access may still be legally protected even without a written agreement.

— Prescriptive easements arise from open, continuous, and permissionless use of a property. Suppose you’ve parked your car in the same easily visible spot on your neighbor’s land for years (the exact timeframe varies by state). You’ve never asked permission, and your neighbor never complained. In this case, courts might recognize your right to continue parking there as a prescriptive easement.

— Easements by necessity restores access to properties considered “landlocked.” These are created by courts when a lot is divided and one of the new lots can no longer reach a public road without crossing someone else’s land.

Can a property owner block an easement?

Typically, you can’t usually terminate an easement, but there are some exceptions. If a party is abusing an easement and excessively hindering your use of the property, you can take legal action. 

Suppose you’re a property owner with an easement on a path intended only for occasional foot traffic. The easement holders — your neighbors — start using it frequently for dirt bikes instead, damaging the path and causing bothersome noise. If you bring your case to the courts, they may decide to terminate or modify the easement to fix the problem.

How does an easement affect property ownership?

Property easements don’t generally affect ownership. But they may restrict where you can build and how you use your land. For instance, a right of way easement that gives neighbors daily access to your driveway increases traffic and could raise privacy concerns. This could be a potentially damaging easement, meaning it could lower the value of your home depending on how invasive it is.

On the other hand, utility easements could be bothersome but are essential for safety and maintenance. They also ensure you won’t have to handle permissions every time public services need to work.

Some easements also help out the whole neighborhood while causing minimal restrictions to your rights. If the easement holders are kids who get a safe path to school by walking through a small, out-of-the-way section of your property, it’s usually not a big deal.

The key is taking the time to thoroughly research and gauge the potential impact of easements on properties you’re interested in buying.

At Better, we know the last thing you need is an easement that affects your freedom or hurts your home’s market value. Better Settlement Services searches public records and discovers anything that could hinder your progress, from easements to liens. We help you understand any issues attached to your dream home and their impact before you sign the dotted line. 

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Secure your home with Better

Easements aren’t anything to be afraid of. While they aren’t typically a benefit, most of them aren’t that negative, either. The main challenge is being taken by surprise. Understand your rights and uncover potential legal ties by working with Better.

Once you’ve found the house you want to call home, Better can get you to the finish line with speed and clarity. Apply online in as little as three minutes, and get instant help from our experts. We’ll dig into your chosen home’s title and uncover the details so you can move forward confidently. Once you’re certain, Better can get you to closing 12 days faster than the industry average.

Walk through the homebuying journey stress free with Better.

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FAQ

What’s an easement around a property?

Easements give third parties the legal right to use — not own — part of someone else’s property for a specific purpose. Common examples include shared driveways for public road access, right-of-way paths, and property access for utility companies. When a property with an easement is sold, the easement is usually passed on to the new owner.

Can an easement expire?

Yes, but not all do. For those that do, they may expire after a specific date or duration. In other cases, expiration might be triggered by an event. For example, an easement may expire on completion of a pending construction project.

How do I find easements on a property I’m interested in?

Recorded easements show up during the title search process, which many homebuyers leave to real estate attorneys or surveyors. If you’ve already purchased the home, you should be able to find easements listed on your title insurance policy, property deed, or in public land records.

Some easements, however, aren’t explicitly documented, which means a typical search won’t reveal them. For these, work with an attorney, title service, or surveyor to look into the property’s history through other avenues.