Easements grant others the right to use a portion of your land for specific purposes, impacting your property rights, value, and future plans. Understanding easements before closing on a home is crucial as they can affect what you can build, your resale value, and even mortgage approvals. Always review title reports and consider a land survey to identify any easements, as they can significantly limit your property’s usable area and flexibility.

What Is an Easement?

An easement is a legal right that allows someone else to use a portion of your land for a specific and limited purpose—even though you still own it.

Think of an easement as “shared rights over private land.” The land remains yours, but the easement grants access or usage rights to another person, entity, or the public.

Real-World Example:

Imagine your neighbor’s property is landlocked and the only access to the public road runs through your driveway. In this case, your property might be subject to a right-of-way easement that allows them to use your driveway to come and go.

Why Easements Matter in Real Estate Transactions

Easements aren’t just legal technicalities—they affect:

• Ownership rights
• How and where you build
• Resale value and buyer interest
• Title insurance and mortgage approvals
• Legal responsibilities and liabilities

Did You Know?

According to data from the American Land Title Association (ALTA), approximately 1 in 4 residential properties in the U.S. have one or more easements recorded against them. Failing to understand these legal permissions can lead to costly missteps.

Types of Easements and How They Affect You

There are several types of easements—each with different implications. Here’s a breakdown of the most common ones:

Easement Type	Who Uses It	Purpose	Can You Remove It?
Utility Easement	Power, gas, water companies	Maintenance of lines or pipes	❌ Typically No
Right of Way Easement	Neighbor or public	Vehicle or pedestrian access	❌ Not without legal action
Prescriptive Easement	Long-term users	Granted through consistent, open use	❌ Rarely
Easement by Necessity	Landlocked owners	Essential access for use or safety	❌ Legally mandated
Private Easement	Named individuals	Custom agreements between parties	✅ Often Negotiable
Conservation Easement	Government or NGOs	Environmental or historical preservation	❌ Legally binding

What You Can Do With Easement-Affected Land

Owning property with an easement doesn’t strip you of all rights. In fact, you retain ownership and can still make use of the land—so long as it doesn’t interfere with the easement’s purpose.

Here’s what you can do:

• Use the area for gardening, recreation, or landscaping (unless otherwise restricted)
• Sell or lease your property with full disclosure of the easement
• Maintain the land, such as mowing grass or cleaning up debris
• Build near (but not on) the easement if it complies with setback rules
• Request modifications or relocation (with consent from the easement holder)

Pro Tip:

If you’re unsure about where the easement lies, hire a licensed land surveyor to mark it out. This can prevent accidental violations that may cost thousands in fines or legal fees.

What You Can’t Do

An easement sets limitations that must be respected. These include:

• Blocking or fencing off the easement area
• Building permanent structures like sheds, pools, or garages over it
• Denying access to the party entitled to use the easement
•  Modifying the land’s grade (e.g., leveling or digging) if it disrupts usage
• Selling the land as “easement-free” without disclosure

How Easements Can Affect Property Value

Easements can be either value-neutral, beneficial, or detrimental depending on type and usage:

• Neutral: Underground utility easements that don’t impact daily life
• Negative: Right-of-way easements allowing strangers access through your yard
• Positive: Shared driveways or green-space easements that enhance community feel

Buyer Tip:

A property with a high-traffic access easement may deter future buyers. Always ask your agent how an easement affects marketability.

Can an Easement Be Removed?

Yes—but it’s not easy. Here are the main methods:

1. Mutual Agreement

If the easement no longer serves a purpose, both parties can sign a release.

2. Legal Challenge

File a quiet title action in court if:

• The easement hasn’t been used in decades
• It was created by mistake
• Its original purpose is obsolete

3. Buyout or Relocation

Negotiate with the easement holder to move the location or terminate the agreement in exchange for compensation.

Visual Example: How Easements Impact Lot Usage

Scenario: You purchase a 12,000 sq. ft. lot. A utility easement runs along the back 20 feet.

• Buildable Area = 12,000 sq. ft. – 2,000 sq. ft. (easement) = 10,000 sq. ft.
• Plans for a pool or addition must be adjusted to avoid the easement zone.

Takeaway: Easements reduce flexibility. Always check for restrictions before submitting architectural plans.

FAQs: 

Can I landscape over a utility easement?

Yes, but avoid large trees or anything that could obstruct utility access.

Do easements expire?

Some do, especially private or time-bound easements. Others, like utility or necessity easements, are permanent.

Can an easement reduce my property taxes?

Rarely. Tax assessments typically factor the entire parcel unless the easement severely limits use.

Will a title company disclose all easements?

Yes—if they are properly recorded. However, some older or informal easements may go unnoticed without a full survey.

Conclusion: 

Easements are not inherently bad—but they must be understood to avoid surprise limitations on property rights. Whether you’re buying your dream home, investing in a rental property, or advising a client, always do your homework.