What Is an Easement? Types, Examples and Property Rights
Published: November 12, 2026
Updated: November 12, 2026 • 8 min read
Written by
Bennett Leckrone
Writer / Reviewer / Expert
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Reviewed by
Jake Driscoll
Reviewer
Key Takeaways
- An easement gives a person, company or neighboring property owner a limited legal right to use someone else's land for a specific purpose. Common examples include shared driveways, utility lines and access roads.
- Easements can limit how you use or improve your property. Some remain in effect when the property is sold, and certain easements can arise without a written agreement.
- You can investigate easements through a title search, recorded property documents and a survey. Significant easements may affect a home's value, future improvements or mortgage eligibility.
Explore your mortgage options.
What is an easement? An easement is a legal right to use another person's property for a specific purpose. A utility company might have an easement for power lines across your land, or a neighbor might have the right to use part of your driveway.
You still own the property, but the easement limits what you can do with the affected area. Many easements stay in place when a home is sold, so you can inherit one when you buy.
Knowing an easement's location, purpose and restrictions helps you avoid surprises when you buy a home, plan improvements or apply for a mortgage.
Easement Basics
| Feature | What to Know |
|---|---|
| Definition | A limited legal right to use another person's property for a particular purpose |
| Common Examples | Utility lines, shared driveways, access roads and drainage systems |
| Property Ownership | The landowner keeps ownership, subject to the easement holder's rights |
| Duration | Permanent or temporary, depending on the easement's terms |
| Property Sale | Many easements continue when ownership changes |
| Where to Find One | Recorded deeds, easement agreements, title documents and property surveys |
| Mortgage Impact | Can affect appraisal, property value, title acceptability or loan eligibility |
How Does an Easement Work?
An easement gives someone a legal right to use land they don't own, for a limited purpose. It doesn't transfer ownership.
Say your neighbor's house sits behind yours with no road frontage. An access easement gives them the right to drive across your land. You still own the land under the driveway, but you can't block it. A locked gate across the route would violate the easement.
Exactly what each party can do depends on the easement's terms and state law.
Who Owns Property With an Easement?
You do: an electric utility with an easement across your back yard doesn't own that strip.
It does have the right to install, inspect and repair its equipment there and to clear obstructions within the easement's limits. The easement also binds the land no matter how you hold title, whether as sole owner or as tenants in common or joint tenants.
What Are Dominant and Servient Estates?
Two legal terms come up often:
- Dominant estate: The property that benefits from an easement tied to land ownership.
- Servient estate: The property burdened by the easement.
If your neighbor has a driveway easement across your land, their lot is the dominant estate and yours is the servient estate. The Legal Information Institute's definition of an easement explains this relationship.
Not every easement involves two properties; some benefit a company, government entity or individual instead.
What Are the Different Types of Easements?
Easements are classified by who benefits, how the right was created and what it permits. The categories overlap: a utility easement is often also an easement in gross.
| Easement Type | What It Means | Example |
|---|---|---|
| Easement Appurtenant | Benefits a specific parcel of land and transfers with that property | A driveway crossing one property to reach another |
| Easement in Gross | Benefits a person or entity rather than a particular parcel | A utility company's right to maintain power lines |
| Prescriptive Easement | Can arise from qualifying use of another person's land over a legally required period | A longstanding access route used without permission |
| Easement by Necessity | Can arise when previously connected land is divided and access becomes legally necessary | Access across a former owner's retained parcel to reach landlocked property |
| Utility Easement | Permits specified utility infrastructure or access | Water, sewer, electric or gas lines |
| Drainage Easement | Allows drainage infrastructure or the movement of water under specified conditions | A stormwater drainage channel crossing private land |
What Is an Easement Appurtenant?
An easement appurtenant benefits a specific parcel rather than a person. It has a dominant estate that benefits and a servient estate that bears the burden.
A shared driveway that sits partly on one lot but serves both is a classic example. Because the right is attached to the land, it survives a sale of either property. The new owner of the dominant lot gets the benefit without a new agreement.
Likewise, selling the servient lot doesn't erase the easement.
What Is an Easement in Gross?
An easement in gross benefits a person or organization rather than a neighboring parcel. Utility easements are the most common example: an electric company benefits from its line corridor, but no neighboring parcel does.
Commercial easements in gross, such as utility rights, are often transferable. Personal ones usually end with the original holder.
The easement's terms and state law decide which rule applies.
What Is a Prescriptive Easement?
A prescriptive easement, or easement by prescription, is a right to use someone's land that arises through long use. Someone who crosses a neighbor's land without permission for enough years can win a legal right to keep doing it.
Long use alone isn't enough. The claimant must show the use was:
- Open and notorious: The use was visible or apparent to the landowner.
- Adverse: The use occurred without permission.
- Continuous and uninterrupted: The use lasted for the period state law requires.
Continuous doesn't mean constant, so regular use of a driveway counts even if no one crosses it every hour.
There is no single nationwide period. California requires an uninterrupted period of five years. Ohio requires at least 21 years of use, matching its 21-year limit on actions to recover real property.
Other elements vary by state, so check your state's rules. The Legal Information Institute's explanation of prescriptive easements covers the general test.
What Is an Easement by Necessity?
An easement by necessity arises when land is divided and one parcel is left without legal access. If a seller splits off an interior lot with no road access, the buyer gets an implied right to cross the seller's remaining land.
Courts require prior common ownership and necessity at the time of the split. Some states demand strict necessity; others accept less.
Simply owning landlocked land doesn't entitle you to cross whichever neighbor is most convenient.
What Is a Utility Easement?
A utility easement lets a utility use part of a property for infrastructure. Common examples include:
- Electric transmission or distribution lines.
- Underground natural gas pipelines.
- Water and sewer lines.
- Telecommunications cables.
- Equipment access and maintenance routes.
These easements often run along the rear lot line. You can use the area as yard, but a shed, fence or large trees there can require approval or violate the easement.
Utility easements are common and don't make a home ineligible for a mortgage.
What Is the Difference Between an Easement and a Right-of-Way?
A right-of-way is a right to travel across property, and it is often created by an easement. A driveway easement, for example, gives a neighbor the right-of-way to reach the street.
Easement is the broader term. It also covers utility lines, drainage and use restrictions.
People often use the two terms interchangeably for road access. A right-of-way can also be a public road or government interest rather than a private easement.
How Do You Find Out If a Property Has an Easement?
Use three sources: the title commitment, the survey and county land records.
Review the Title Commitment or Title Report
A title company or attorney examines the land records as part of the purchase.
The title commitment lists recorded easements, rights-of-way and restrictive covenants. Look at Schedule B, which lists exceptions to title insurance coverage.
Recorded easements appear there because the insurer won't cover them. A title search won't catch everything, though. Easements created by prescription or implication often have no recorded document.
Review the Property Survey
A survey shows boundaries, improvements and certain easements, such as a drainage easement across the back yard. It tells you where the easement sits relative to fences, buildings and planned projects.
A current boundary survey beats an old drawing if you're planning work near an easement. No survey will reveal every unrecorded easement.
Search County Land Records
The county recorder, register of deeds or county clerk keeps recorded easements. You may find them as:
- Separate easement agreements.
- Reservations or grants in recorded deeds.
- Utility easement documents.
- Recorded subdivision plats.
- Private road or driveway agreements.
A deed reservation is set by the parties to the sale, so it helps to know the roles of the grantor and grantee in a deed. Older documents can be hard to read, so a surveyor or real estate attorney may need to pin down the location.
Does a Home Inspection Find Easements?
No, because a home inspection evaluates the home's physical condition, not boundaries or legal rights.
An inspector might notice a shared driveway, but a title search or survey answers the legal question. The requirements for home inspections by mortgage type are separate from title review in underwriting.
Can You Build on Land With an Easement?
Sometimes, depending on the easement's terms, local rules and the project.
A utility easement often bars permanent structures over lines or in the way of equipment access. A driveway easement bars anything that blocks the neighbor. Other easements allow certain structures.
Review the recorded agreement and local permit rules before you build. Owning the land doesn't mean the project is allowed.
Can You Put a Fence on an Easement?
Yes, if it doesn't interfere with the holder's rights. A fence across a driveway easement blocks access, and one over buried lines gets in the way of repairs.
The easement holder can often remove an obstruction under the agreement, so confirm the boundaries and any approval needed first.
Can You Plant Trees on a Utility Easement?
Usually not large ones near overhead lines or over buried facilities. Grass and shrubs that don't interfere with operations are typically fine.
A utility with a right to a clear corridor can trim or remove vegetation there.
Review the easement and the utility's rules before planting trees or adding permanent landscaping.
Do Easements Affect Property Value?
They can. A rear-line utility easement rarely matters. An access easement that brings traffic through the middle of a yard can cut privacy and value. An easement can also add value by providing legal access.
There is no standard percentage. The effect depends on:
- Where the easement is located.
- How much land it affects.
- How often it is used.
- Whether it limits improvements.
- Whether it provides access or another benefit.
- How local buyers perceive it.
Under Fannie Mae's appraisal guidance, appraisers must consider how easements and encroachments affect value and marketability. That doesn't mean every easement triggers a negative adjustment.
The appraiser weighs the specific property and local market evidence.
Can an Easement Affect Mortgage Approval?
Yes, if it raises questions about access, use, title or marketability, but easements aren't automatically disqualifying.
Fannie Mae's title exception requirements accept customary utility easements and shared-driveway agreements as minor impediments when they meet set conditions. A larger or more restrictive easement gets more scrutiny. The mortgagee, or lender, will push back if:
- The easement significantly interferes with residential use.
- The property lacks legal road access.
- A structure is built over an easement in violation of its terms.
- The easement clouds title or enforceable rights.
- The restriction materially reduces value or marketability.
The outcome depends on the loan program, title review, appraisal and the specific easement.
Can You Get a Mortgage on Landlocked Property?
Yes, if it has legally enforceable access, such as a recorded easement across neighboring land, and meets the lender's other requirements. A neighbor's informal permission isn't enough, because it can be withdrawn.
Fannie Mae requires adequate vehicular access in its appraisal standards. Freddie Mac has specific rules for private roads, joint driveways and easements.
The same access question comes up with land loans for vacant lots.
Can an Easement Cause a Low Appraisal?
Yes, if it hurts market value, for example by blocking construction on much of the lot. Most ordinary utility easements have little measurable effect.
If the appraisal comes in below the price, you face an appraisal gap. You can renegotiate, bring more cash or use another option your contract allows.
Can an Easement Be Removed?
Yes, some can be terminated, modified or released, depending on how they were created and state law. A sale of the property alone doesn't end an easement. Common ways it ends:
- Release: The easement holder gives up the right.
- Expiration: A temporary easement ends under its terms.
- Merger: The same party acquires both the dominant and servient interests.
- Abandonment: The holder's conduct shows legally sufficient abandonment under state law.
- End of necessity: An easement by necessity can end when the necessity ends.
- Court order: A court finds the easement has ended, is invalid or should be modified.
The required paperwork and legal standards vary by state.
Can a Property Owner Cancel an Easement?
No. You can't cancel a neighbor's valid easement because it has become inconvenient, and selling your home doesn't end it.
You can negotiate a release or modification with the holder, then put it in writing and record it.
Does an Easement End If It Isn't Used?
Not necessarily, because nonuse alone doesn't end most easements; abandonment also requires proof of intent to give up the right.
Don't assume an unused access easement has expired.
What Should You Check Before Buying a Home With an Easement?
An easement doesn't make a property undesirable. Many homes have utility or access easements that don't interfere with ordinary use.
The key is knowing what the easement permits and how it affects the home you plan to buy. Before closing, check these points:
- Identify the easement: utilities, access, drainage or another purpose.
- Find its location in recorded documents and the survey.
- Identify the easement holder.
- Review permitted uses, such as vehicle traffic, construction or maintenance.
- Check restrictions on fences, landscaping, additions or other improvements.
- Confirm who maintains a shared driveway, private road or other easement area.
- Confirm the title insurer and mortgage lender accept the easement.
- Compare it against future plans for a garage, pool, fence or addition.
If an easement affects access, construction or resale, or doesn't match the seller's description, have it reviewed before closing.
What Is the Difference Between an Easement and an Encroachment?
An easement is a legal right to use another person's property. An encroachment is a structure that extends onto someone else's land without that right.
A shared driveway backed by a recorded easement is authorized. A neighbor's garage extending two feet over your property line is an encroachment if nothing authorizes it.
An easement agreement can sometimes resolve an encroachment. Both turn up in surveys and title review and can affect mortgage eligibility.
The Bottom Line
An easement gives someone a limited right to use property they don't own, such as for utility lines or a shared driveway. You keep ownership but must respect the holder's rights, and many easements transfer with the property. Before you buy, review the title commitment and survey so you know how any easement affects your plans and your mortgage.
Frequently Asked Questions
What Is an Easement on a Property?
An easement is a limited legal right to use another person's land for a specific purpose, such as utility lines or a shared driveway.
What Is an Easement Appurtenant?
An easement appurtenant benefits a particular parcel and transfers with the land. It has a dominant estate that benefits and a servient estate that bears the burden.
What Is an Easement in Gross?
An easement in gross benefits a person or entity rather than a neighboring parcel. Utility easements are the most common example.
What Is an Easement by Prescription?
An easement by prescription, or prescriptive easement, arises from open, adverse and continuous use for the period state law requires.
What Is an Easement by Necessity?
It arises when a property is divided and one parcel is left without legal access. It requires prior common ownership and necessity at the time of division.
Does an Easement Mean Someone Else Owns My Land?
No. You keep ownership, subject to the holder's limited right to use the land.
Can You Build on an Easement?
Sometimes. Structures that block access or interfere with utility lines are prohibited, so read the easement first.
Can You Put a Fence on an Easement?
Yes, if it doesn't interfere with the holder's rights. Some easements bar fences or require clear access.
Do Easements Transfer When Property Is Sold?
Most do. Easements appurtenant stay with the land, while some easements in gross are personal to the holder.
Does an Easement Lower Property Value?
It can. A minor utility easement has little effect, while one that limits construction or privacy can reduce value.
Can an Easement Prevent You From Getting a Mortgage?
Yes, if it severely restricts use, clouds title or leaves the home without legal access. Ordinary utility and shared-driveway easements are acceptable under conventional guidelines when they meet set conditions.
Can You Remove an Easement From Your Property?
Some end through release, expiration, merger, abandonment or court order. You can't cancel a valid easement held by someone else on your own.
Does an Easement Expire?
Some have expiration dates or end when stated conditions occur. Others last indefinitely.
How Do You Find an Easement on a Property?
Review the title commitment, recorded deeds and survey, and search county land records. Unrecorded easements won't show up in public records.
Who Maintains an Easement?
The agreement and state law decide. Shared-driveway users often split repairs, while a utility maintains its own equipment.
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