The Basics of Easements: What They Are and Why They Matter

If someone told you they had the legal right to cross your property or limit how you use it, would you be concerned? Easements—though often misunderstood—are an important legal concept in real estate. They define the rights of others over your property and can have lasting implications. 

Whether you’re a property buyer, owner, or just brushing up on legal terms, this guide will help you understand the types of easements, why they matter, and how to handle them effectively. 

What Is an Easement? 

Simply put, an easement is a legal right granted to someone who doesn’t own a property, giving them access to use it in specific ways. This access is typically limited to a defined portion of the property and does not transfer ownership when the property is sold. 

For instance, a utility company may have an easement to enter your property to fix or maintain power lines. Or, your neighbor may have the right to use your driveway to access their home. While these arrangements may sound intrusive, easements are incredibly common and often serve practical purposes. 

Why Do Easements Matter? 

Easements play a crucial role in property use and ownership. They help balance the rights of different parties, ensuring one person’s property needs don’t infringe on the needs of others. But they also impact what you can do on your property. For example:

• Utility work: A utility easement allows companies to access your property to maintain infrastructure like water pipes or electricity cables. This could limit where you can build structures or plant trees.
• Road access: Your property could be part of someone’s route to public roads. Known as an access easement, this ensures usability for landlocked properties.
• Privacy concerns: Easements may allow others to cross your property regularly, affecting your sense of privacy. 

Understanding the different types of easements before purchasing property can save you from unexpected surprises and restrictions. 

How to Determine If an Easement Exists 

Before purchasing property or planning projects, it’s important to check for easements. Here’s how to find out if one exists:

1. 1. Title Search: Conducting a property title search will reveal any recorded easements. 
   2. Abstract of Title: Hire an Abstractor of Title to run a complete search of any and all recorded documents providing easement rights over your property.
   3. Surveying: Hire a land surveyor to identify any unmarked recorded easements on the property. 
   4. Property Inspection: Check with utility companies or review boundaries during the property inspection phase. 
   5. Ask the Seller: If purchasing property, request detailed information from the current owner about any existing recorded and/or unrecorded easements. 

   By taking these steps, you can avoid unexpected issues and establish clear expectations for property use. 

   Types of Easements 

   Not all easements are the same, and it’s crucial to know the different types to spot how they may impact you. Here are the most common types of easements you might encounter:

   1. Utility Easements 

   These are perhaps the most familiar type of easement. Utility easements give companies the right to access your property to install, maintain, or repair infrastructure such as power lines, water pipes, or internet cables underneath, or over a property. 

   • Example: A power company may use this right to trim trees near their lines. 

   2. Private Easements 

   A private easement is typically agreed upon between two property owners. For example, a neighbor may own the right to use your land to install solar panels, or cross your property to access public roads. 

   • Tip: Always check for private easement agreements, as opposed to permissive agreements between the owner and third party before buying a new property—how they are formed and whether the easement is in writing and/or recorded can affect if the easement remains attached to the land, or only with the owner, which determines if the easement applies to every future owner, or not. 

   3. Easement by Necessity 

   This is a legal arrangement created when a property is landlocked and needs access to public roads. The easement is often granted by courts and ensures property usability. 

   • Example: A rural property that can’t reach public roads without crossing its neighbor’s land might have a legal argument for an easement by necessity. 

   4. Prescriptive Easements 

   These occur when someone has used part of a property for an extended period without the owner’s permission. Over time, the courts may grant them legal access. 

   • Example: If a neighbor regularly parks on your land for years with no objection, and without the owner’s express permission, they could earn prescriptive easement rights to continue using the land. 

   By understanding these types of easements, you can better evaluate how they may affect property ownership and use. 

   How Easements Are Created 

   Easements are typically set up in three ways, depending on circumstances and agreements:

   1. Express Easement: This is a written agreement between a property owner and another party. It clearly defines the terms, including access, use, and/or dimension specifics. 
   2. Implied Easement: An implied easement arises without a formal agreement but is based on existing property conditions. For example, paths or shared driveways often create these arrangements. 
   3. Easement by Necessity: Established through the courts, typically ensuring landlocked properties remain usable by granting access to roads or public utilities. 

   Property owners should always review titles and deeds to identify existing recorded easement rights. 

   How Easements Affect Property Owners 

   If you’re a property owner or considering buying property with an easement, it’s essential to understand its potential impact. 

   • Usage limitations: Easements may restrict how parts of your property can be used. For example, you might not be allowed to build near utility lines. 
   • Maintenance responsibility: For private easements, you and the easement holder may need to agree on maintaining shared areas, or rights of way. 
   • Ongoing presence: Repeated access for maintenance, or use, could affect your daily life. 

   However, remember that easements are common and usually manageable. A well-researched understanding can prevent unexpected conflicts. 

   How to Handle Easement Disputes 

   Eventually, disputes may arise over easements—whether it’s a neighbor using it improperly, or unclear boundaries. Here’s how to handle them effectively:

   1. Review the Agreement: Start by checking property records, and/or written agreements that outline the easement. This clarity can prevent misunderstandings. 
   2. Open Communication: Talk with the other involved parties. Often, disputes can be resolved through friendly conversation. 
   3. Seek Mediation: If discussions stall, hiring a mediator can help both parties reach a compromise. 
   4. Legal Action: When all else fails, consulting a property attorney will help you understand your rights and pursue resolution through legal avenues. 

   Addressing disputes quickly and amicably can save time, money, and relationships. 

   Easements Aren’t Always a Bad Thing 

   Although easements may initially sound like a complication for property owners, they often provide practical solutions. Many easements exist for beneficial reasons, such as utility maintenance or shared access to resources. 

   Understanding easements ensures you’re better equipped to manage them and enjoy problem-free property ownership. 

   If you’re navigating property ownership or planning to purchase land, educating yourself about easements, and seeking legal advice where needed, goes a long way in protecting your rights. 

   Our experts at The Mellor Law Firm can help you get all the details you need about an easement and ensure your property rights are protected. Contact us today to learn more or schedule a consultation!