Before buying a home, always check title reports and surveys for easements. Easements give others legal access to part of your property and can limit your ability to build, fence, or landscape. Overlooking them can lead to costly surprises like lost property use or legal disputes. Reviewing title and survey documents ensures you understand who benefits from the easement, where it’s located, and how it may affect your plans.
Check Title Reports and Surveys for Easements—No Exceptions
This is where most buyers slip. They’re so focused on the kitchen and the closets, they don’t ask what legal access strangers have to their property.
The title report and property survey? That’s your X-ray. Don’t skip it.
So what’s the move?
- Ask for the preliminary title report right after your offer’s accepted.
- Pay attention to anything listed under “easements, restrictions, or encroachments.”
- Cross-reference with the most up-to-date survey—ask your title company or agent to help.
Think of it this way: Easements give people or companies legal access to use part of your land. They could be super chill (like a shared driveway).
Or they might be the kind that stops you from adding a pool or a fence.
Common types of easements buyers run into:
- Utility easement – Power lines, water, gas…all the stuff under your ground or above it.
- Access easement – A neighbor might rely on your driveway to reach their home.
- Conservation easement – Usually protects natural habitat, but limits what YOU can build.
- Drainage easement – Might prevent you from landscaping certain parts of your yard.
If the title report shows something you’re unsure about, don’t guess. Ask the title officer. Ask your real estate attorney. Ask like your bank account depends on it—because it kind of does.
Why It’s Risky to Ignore Easements Before You Buy
If you’re buying a home with an easement and don’t study the fine print, you could end up:
- Getting sued by a neighbor who claims access across your land.
- Paying out of pocket if a utility company damages your property during maintenance.
- Locked into a deal where you lose flexibility on big plans—like building a garage or putting in solar panels.
Here’s a real hit from a client I worked with: They bought a cute house on 2 acres in the suburbs. Thought they got a steal. Turned out, the back half had a conservation easement they didn’t fully understand. No fencing allowed. No structures. Nothing permanent. Poof—there went the pool dream. And nope, they didn’t check the survey. Only caught it months later.
Questions to Ask Before Buying a Home with an Easement
Let’s get practical. When I’m looking at property for myself or helping others, I hit these questions every time:
- What type of easement is on this property? Don’t assume. Read it or get someone to break it down.
- Who benefits from the easement? A neighbor? A company? The city?
- Where exactly is it located? This is what the survey will show you—spatially, where you’re giving up control.
- What restrictions come with it? Can you fence over it? Build on it? Plant trees?
- Is it permanent or can it expire? Some expire after X years. Some change if access is no longer needed.
Follow this rule: If it’s in writing, it’s real. If it’s verbal? Never trust it.
Sometimes sellers or real estate agents are just as confused about easements. Don’t take their word—get the documents, read them, and bring in help when needed.
You can check out more real estate and homeownership tips right here at reAlpha’s real estate blog.
Can You Remove an Easement?
Short answer: Maybe, but don’t count on it. Some easements are legally permanent—especially utility and conservation easements. But others, like private access roads or shared driveways, can sometimes be terminated if both parties agree and it’s no longer needed. But you’ll need legal help and a ton of paperwork. So never bank on “removing it later.” Treat the existing easement like it’s staying forever—then make your decision.
What if You’re Cool With the Easement?
Look, not all easements are deal-killers.
Buying a home with an easement is fine if:
- You understand it fully and know it won’t mess up your plans.
- You’ve verified on the survey exactly where the easement sits.
- You know who gets to access it and for what purpose.
I’ve bought properties with utility easements that never got in the way. They were on the edge of the lot, never used, and didn’t stop construction plans. I still checked thoroughly, though. Because if you don’t—it could cost you tens of thousands later.
What Does the Survey Tell You About the Easement?
Smart buyers know: surveys don’t lie. A professional survey shows you the property boundaries, structures, and most importantly—the easement’s location and reach. Want to know if that shed in the corner is too close to the easement and violates code? Survey’s got you. Here’s a simple tip: Always match the survey with the title report. If something shows up that isn’t listed—or if they contradict—ask why.
Red Flags to Look for When Buying a Home with an Easement
Quick list for when you’re reviewing that report or walking the property:
- Easement cuts the lot in half – Watch out. Might limit where you can build.
- No clear access boundaries– You want precision, not confusion.
- Easement favors someone else long-term with no benefit to you – Not a good trade.
- Property condition looks altered around the easement zone – Could mean regular utility work or drainage issues.
If anything feels off, slow down the deal. Ask your title company. Loop in a real estate lawyer. This is the kind of thing that’s worth a few hundred now to save you thousands after closing.
Buying a Home with an Easement: FAQs
Can I build over an easement?
It depends. Utility or drainage easements usually block permanent structures. Read the easement terms in full, and get approval in writing if in doubt.
How do I find out if a property has an easement?
You’ll see it in the title report and the property survey. Ask to review these before finalizing your offer.
Do easements lower property value?
Sometimes. It depends on the location and impact of the easement. A big utility easement across the yard? That could affect resale. A tiny one along the edge? Probably not.
Can I fight an easement?
If it’s wrongly recorded
Conclusion:
Easements aren’t just fine print—they can shape what you can and can’t do with your property. Before buying a home, always check title reports and surveys for easements to understand who has legal access and where. Don’t assume, don’t guess—ask questions and get clarity. Whether it’s a shared driveway or a conservation zone, knowing upfront can save you from costly surprises later. A little due diligence now protects your plans—and your wallet—for years to come.