What Is an Easement?
An easement is a legal right to use someone else's land for a specific purpose, such as a driveway, utility lines or beach access, without owning it. Easements can be created by written agreement, by necessity, by long-term use (prescription), or by a recorded plat. Many run with the land and bind future owners. They can end by agreement, merger of ownership, abandonment or expiration of their terms.
Easements are common and usually invisible until there is a dispute. Understanding them matters when buying property or dealing with a neighbor.
Basic terms
- Servient estate: the land subject to the easement
- Dominant estate: the land that benefits, for easements tied to property
- Easement holder: the person or company with the right to use the land (Cornell LII)
Common types
| Type | Example |
|---|---|
| Utility easement | Power, water, sewer or cable lines |
| Access (right-of-way) | A shared driveway or road to a landlocked lot |
| Express easement | Created in a deed or written agreement |
| Easement by necessity | Created when land is divided and one part has no access (Cornell LII) |
| Prescriptive easement | Created by open, continuous, hostile use for the statutory period, similar to adverse possession (Cornell LII) |
| Easement in gross | Benefits a person or company rather than a parcel, like a utility |
| Conservation easement | Restricts development to protect land |
What the owner can and cannot do
The landowner keeps ownership and can use the area in ways that do not unreasonably interfere with the easement. For example, you may be able to landscape a utility easement but not build a structure on it.
The easement holder can use the land only as the easement allows and usually must maintain its improvements.
How long easements last
Many easements are permanent and run with the land, binding future owners. Others last for a set time or purpose.
How easements end
- Written release by the holder
- Merger: the same person comes to own both properties
- Abandonment, shown by clear intent, not just non-use, in many states
- Expiration of the term or purpose
- Court order, such as in a quiet title action
Before buying property
Review the title report and survey for recorded easements, and look for unrecorded uses such as a neighbor's path. See clouds on title.
Disputes
Easement disputes often involve the scope of use, maintenance costs or blocked access. See property line disputes. A real estate lawyer can review deeds and surveys.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.