Before buying property, it’s crucial to check for existing easements on property, which are legal rights allowing others to use your land. Review title reports, surveys, and plat maps. Contact utility companies and the county recorder. Ask the seller about any easements. Easements can impact property use and value, so thorough due diligence is essential.
In this guide, you’ll learn:
- What easements are and why they matter
- Step-by-step methods to identify easements before buying
- Tips for analyzing their impact on value and usability
- Who to talk to and what documents to request
What Is an Easement?
An easement is a legal right that allows another person or entity to use a portion of your property for a specific purpose—without owning it. Easements can be granted to:
- Utility companies (for power lines, sewer, water)
- Neighbors (for shared driveways or access roads)
- Government agencies (for drainage or sidewalks)
- Private individuals or entities (like personal right-of-way)
Easements fall into two main categories:
- Easement Appurtenant – tied to land; transfers with property ownership
- Easement in Gross – tied to a person or entity; often doesn’t transfer
Easements may be visible (like a shared driveway) or invisible (like underground pipes), which is why it’s critical to uncover them early in your buying process.
Why It’s Important to Identify Easements
Easements can directly impact your property in the following ways:
- Limit your ability to build (e.g., a shed over a sewer easement)
- Affect your privacy or access
- Influence the property’s resale value
- Require future cooperation with utility companies or neighbors
- Delay or restrict renovations or additions
Ignoring an easement could lead to legal conflicts, fines, or costly removal of structures later.
How to Find Easements on a Property (Step-by-Step)
Let’s walk through the most effective ways to uncover existing easements before you close the deal.
Step 1: Order a Title Report
The title report is your first line of defense.
A title search, typically performed by a title company or attorney, will list:
- Recorded easements
- Liens
- Deed restrictions
- Encroachments
Look for phrases like:
- “Subject to easement recorded in…”
- “Right-of-way granted to…”
- “Utility easement per plat…”
Tip: Don’t skim over these sections—ask your title officer or real estate agent to help interpret them if needed.
Step 2: Review the Property Survey (or Order a New One)
A survey visually maps out a property’s boundaries and often shows:
- Easements
- Utility lines
- Setbacks
- Access roads
- Fences and encroachments
Types of Surveys to Ask For:
- Boundary Survey – outlines property lines
- ALTA/NSPS Survey – most detailed; includes all easements and improvements
If the seller can’t provide a recent survey, or if changes have been made (like new fences or driveways), consider hiring a licensed land surveyor. This usually costs $400 to $1,200, depending on location and lot size.
Step 3: Request the Plat Map or Subdivision Plan
A plat map is a detailed drawing filed with the county that shows:
- Parcel layout
- Roadways
- Utility easements
- Drainage routes
These maps are often available through:
- Your county recorder’s or assessor’s office
- Your local zoning department
- Online GIS (Geographic Information System) portals
Example: A plat map may reveal a 10-foot utility easement running along the rear property line, which isn’t obvious during a site visit.
Step 4: Check the County Recorder’s Office
Not all easements appear in title reports—especially older or implied ones.
Your county recorder’s office keeps a public record of:
- Deeds
- Easement agreements
- Court judgments
- Property transfers
Search under both the current property address and legal description. This is especially useful for:
- Unrecorded easements that were made part of prior sales agreements
- Utility easements granted decades ago
- Road or pathway rights not reflected on the plat
Step 5: Ask the Seller Directly
Sellers are required to disclose known easements, especially if they affect property use. Ask direct questions like:
- Are there any shared driveways or pathways?
- Have you ever had issues with utility companies accessing the property?
- Are there underground lines or visible easement areas?
Request supporting documentation. Even if an easement is known but unrecorded, it may still be legally enforceable.
Step 6: Contact Local Utility Companies
If the property includes overhead lines, sewer access panels, or transformers, call the utility companies directly. Ask:
- Does this address have utility easements?
- Can you provide a sketch or record of where lines run?
- Are there any restrictions on what can be built in the easement area?
This is especially important for:
- Older homes where lines were added after original platting
- Rural properties with wells, septic tanks, or private utility access
Step 7: Hire a Real Estate Attorney for Complex Cases
If the easement language is vague, disputed, or missing—but physical signs indicate access or use—legal advice is essential.
An attorney can help:
- Interpret complex deed language
- Negotiate an easement release
- Ensure the easement is enforceable or terminable
- Protect you from future disputes
Investor Alert: Easements can block certain types of construction or reduce the developable area. Always review easements in the context of zoning and site plans.
Easement Impact Example: Buying With Eyes Open
Let’s say you’re buying a $400,000 home.
- Survey reveals a 15-foot-wide drainage easement behind the house
- It prevents you from building a patio or in-ground pool
- Estimated impact on usable land: 12%
- Appraiser reduces home value by $10,000–$15,000
Knowing this upfront lets you:
- Renegotiate the price
- Plan for alternative improvements
- Decide if the easement aligns with your long-term goals
How to Uncover Easements Before Buying
Step |
Action Item |
Who Helps |
| 1 | Order a full title report | Title company |
| 2 | Review or order a professional survey | Land surveyor |
| 3 | Request a plat map | County or city office |
| 4 | Search public records | Recorder’s office |
| 5 | Interview the seller | Real estate agent |
| 6 | Contact utility companies | Buyer or agent |
| 7 | Get legal review if needed | Real estate attorney |
Final Thoughts
Easements are one of the most misunderstood aspects of real estate ownership. Yet they play a powerful role in shaping your rights, responsibilities, and the long-term use of the property.
By taking the time to uncover and understand any easements before you close, you protect yourself from unpleasant surprises and make more informed, confident decisions.
Key Takeaways:
- Easements can affect access, value, and future improvements
- Always review title reports, surveys, and public records
- When in doubt, consult professionals—this is your investment and future