An easement is a nonpossessory legal right to use another person’s land for a specific purpose. Legally, it creates an interest in the property that “runs with the land,” meaning future owners remain bound by it. In plain English, you don’t own the land—you simply have permission (or an obligation) to use it in a limited way, such as crossing a neighbor’s yard or accommodating utility lines.
Easements differ from a lien (a claim to secure debt), a covenant (a promise to do or not do something on land) and a license (a revocable, personal permission to use land). Unlike liens, easements don’t secure payment; unlike covenants, they grant use rights; and unlike licenses, they are typically irrevocable and transferable when recorded.
Easements can restrict where you build structures, plant trees or install fences. If a utility easement crosses your backyard, you can’t build a shed over power lines. A right-of-way easement may prohibit permanent obstructions along a shared driveway.
Some easements boost value (e.g., beachfront access), others may deter buyers or lenders if they limit usable space. Mortgage underwriters often require clear title searches to reveal easements that could impact financing.
Sellers and their agents must disclose recorded easements in property listings and sales contracts. Failure to do so can lead to legal claims for nondisclosure or misrepresentation.
Appurtenant easements involve two parcels: a dominant estate (benefitted) and a servient estate (burdened). They “run with the land” and automatically transfer to subsequent owners. Easements in gross benefit an individual or entity (e.g., a utility company) and may not transfer with property ownership.
Affirmative easements allow an action on the servient land, like driving a vehicle. Negative easements prohibit the servient owner from certain actions, such as blocking a neighbor’s view or light.
Easements arise by prescription (open, notorious, continuous use over a statutory period), by necessity (landlocked parcels needing access) or by implication (when a property is divided and prior use strongly suggests continued access rights).
Parties can create easements via written grants or reservations in deeds. For example, a seller may reserve a right of way to reach a retained parcel.
When a parcel is landlocked, courts may imply an easement of necessity even if no written document exists, ensuring access by the only viable route.
Users who openly, continuously and hostilely use land without permission for the statutory period can gain a prescriptive easement, similar to adverse possession but without ownership transfer.
An easement can end by abandonment (owner stops using it and intends to relinquish rights), by stated expiration in the creating document, or by a court through a quiet title action declaring it terminated.
Landowners and easement holders may negotiate buyouts, term modifications or relocations—typically documented in writing and recorded to protect future interests.
Easement holders may use the land only as specified (e.g., “ingress and egress” or “light and air”). They cannot expand beyond those rights or unilaterally change the use.
Unless the easement agreement says otherwise, the servient owner maintains the burdened area. Shared-driveway agreements often split maintenance costs proportionally.
Parties should address liability for injuries or damages on the easement area. Insurance riders or indemnity clauses in the easement document clarify who bears risk.
A title search reveals recorded easements. The deed’s legal description and reference numbers direct you to easement documents in the registry.
Surveys and plat maps show easement boundaries. Tax records sometimes note public or private easements affecting assessments.
Municipal or county offices hold public easements for roads, sidewalks and utilities. Utility providers maintain their own easement maps.
Complex easement disputes or boundary uncertainties call for professional surveys and legal counsel to interpret rights and obligations.
Generally no. Building or fencing requires easement holder’s consent; otherwise you risk removal orders or damages.
Appurtenant easements do; easements in gross may require specific transfer language.
Maintenance depends on the easement agreement—often shared proportionally or assigned to one party with cost-sharing obligations.
Challenge by filing a quiet title or adverse possession claim, or negotiate voluntary termination or modification with the holder.
Some easements expire by terms in the grant; others end by abandonment or court action. Permanent easements remain until legally terminated.
Background: A suburban lot split led to an recorded access easement over the Johnsons’ land for their neighbor’s garage.
Challenge: The neighbor planned a fence that redirected stormwater onto the Johnsons’ driveway, causing erosion.
Resolution: Both parties negotiated revised maintenance terms, a new drainage plan and an updated survey to relocate the easement slightly south.
Key Takeaways: Identify rights early, secure written amendments to the easement and involve professionals to avoid future disputes.
If easement terms are unclear, conflicts arise or financing contingencies depend on easement clearance, professional advice is essential.
See local bar association guides on easements and standardized deed-grant forms available through your county recorder’s office.
