What are easements and how can they affect my property?

An easement grants someone else the right to use part of your property, even though you own it. Before you buy a property with an easement, you need to understand what rights you’re granting and how that could affect your plans.

This guide covers what you need to know about easements, how they impact your property ownership, and what to do before buying a property with an easement in place.

What is an easement in real estate?

An easement is a type of property right that is held by someone other than the owner of the property itself. The easement entitles the person or entity to access the property for a specific purpose.

For example, a utility company may hold an easement to enter someone’s property to do maintenance on a power line. If two homes share a driveway, one homeowner may have an easement on the other’s land, allowing them to use the driveway.

Easements can place limits on how you can use a property or require that you allow other people to use your property. An affirmative easement gives someone a right, such as the right to access your land. A negative easement restricts the use of land, such as requiring that you not build a fence high enough that it blocks another homeowner’s view.

How does an easement work?

An easement on a property does not transfer ownership of that property or parcel of land. Instead, it provides a person or entity with a legal right to use that land.

Easements can be created in many ways, such as by agreement between the property owner and the easement holder or by a court. Typically, the beneficiary of the easement is the person who holds the easement because they receive the right to use another property owner’s land for a specified purpose.

When an easement is created, it is usually recorded along with the property deed, so if you’re buying a home, it’s key to look out for any easements attached to the deed before committing to the purchase.

Common types of easements

There are many different types of easements, and if you’re buying a home, you should make sure you understand which type of easement the home comes with.

Easement appurtenant

An easement appurtenant is one of the most common forms of easement in the United States.

The easement is attached to a property, called the dominant estate, placing a burden on another property, called the servient estate. The person who owns the dominant estate owns the right to use the servient estate in the way outlined in the easement.

For example, a landlocked property may have an easement appurtenant allowing whoever owns that property the right to cross someone else’s property to get to a public street. Any future owner of the landlocked property gets that same legal right.

Easement in gross

An easement in gross is a type of easement that is attached to an individual or entity rather than a property. For example, a utility company that needs access to a property to do maintenance will have an easement in gross on the property because it is a company holding the easement rather than a specific property. That is why these are often called utility easements.

Easement by necessity

An easement by necessity is one created where there is a requirement that someone have access to another person’s land. Returning to the landlocked property example from above, the easement allowing the landlocked property owner to cross someone else’s property to access their home is a type of easement by necessity. Often, these are created by a court order.

Prescriptive easement

A prescriptive easement is one that is granted to a person after continuous, long-term, uninterrupted use of a property, often without the property owner’s permission.

For example, if you own a home on the water and someone spends years accessing your property to go fishing without your intervention, they may be able to create a prescriptive easement that gives them a legal right to continue doing so, even if you later decide to stop them.

This is one of the reasons that it is important to prevent trespassing on your property, lest the trespasser be able to convince a court that they have created a prescriptive easement.

Private easement

Private easements are those that are granted to a specific individual for a specific purpose rather than to the general public. These can include prescriptive easements, easements by necessity, or other types of easements.

An easement that allows a property owner to use a shared driveway is granted only to that property owner, not the public, making it a private easement.

Public easement

A public easement is one that gives the general public access to a piece of property. For example, if a public sidewalk goes over a portion of your property, there is a public easement that gives anyone the right to enter your property while they’re walking along that sidewalk.

How to find out if a property has an easement

If you’re thinking about buying a home, it’s important to check whether there are any easements attached to it that could affect how you can use the home.

You can check for easements in many ways, including through title searches, property surveys, checking deed or government records, or checking utility company records. It’s in your best interest to hire a real estate professional to check for easements before buying a home to make sure you have a full understanding of what you’re buying. A title search can also tell you if there are any liens on the property.

Should you buy a home with an easement?

Buying a home with an easement doesn’t have to be a big deal, but it is important to understand the precise details of the easement before you commit. Some easements have little to no impact on how you can use a property, while others can place a huge burden on you and lower the property’s value or increase the cost of maintenance.

Before you buy a home, check for easements and speak with a real estate professional to understand their true impact on your property so you can make sure you’re seeing the full picture before buying the home.

FAQ

Easements are a complicated legal concept, so it’s normal to have questions about how they work. These are some of the most frequently asked questions about easements.

Can I block an easement on my property?

Whether you can block an easement depends on the type of easement. For example, you may be able to block a prescriptive easement by dealing with trespassers, but utility easements or easements by necessity are difficult or impossible to block.

How will an easement affect my ownership of property?

An easement doesn’t affect your ownership of a property, but it does grant other people some legal right to access your property. This can place some limits on how you use your home or affect its value.

Can you build a fence around an easement?

Depending on the type of easement, you may be allowed to build a fence around it. However, you still need to give the easement holder access. For example, you could fence in your property but would need to open the gate for a utility company doing maintenance on equipment on your land.

How is an easement created?

Easements are typically created in a few ways. Two common ways are by an express agreement between two parties or by court order. Easements can also be created by prescription, meaning by someone openly using another’s property for a long period of time without the property owner stopping them. If you want to add an easement, your lender’s approval will be needed to do so.

Can you remove or change an easement?

Some types of easements can be removed or changed, especially if you originally granted the easement to another person by agreement. However, some easements are permanent, such as easements allowing a utility company access to your property.

The bottom line: An easement could affect the way you use your property

Easements are legal rights held by another party to access your property. While many easements are not a big deal, some can place a significant burden or limitation on how you use your home or property, reducing its value.

If you’re thinking about buying a home with an easement, do careful research to make sure you understand what types of easements are involved and how they impact the home. Then, once you’re ready to begin your homebuying journey, you can start a mortgage application with Rocket Mortgage.