Easements
Easements affect how you can use your property and what others can do on it. We handle easement creation, interpretation, and disputes.
🛣️ Key Takeaways
- Prescriptive easements require 15 years of open, continuous use without permission
- Appurtenant easements transfer automatically with the property
- In gross easements (like utility easements) benefit entities regardless of property ownership
- You cannot unreasonably interfere with a valid easement
- Easement by necessity requires the property was once part of a larger parcel
- Written easement agreements should address maintenance, scope, and termination
Types of Easements
By Purpose
- Access easements – Rights of way for driveways, roads, or paths
- Utility easements – For power, water, sewer, gas, or telecommunications
- Drainage easements – For water flow and storm drainage
- Conservation easements – Restricting development for preservation
- View easements – Protecting sight lines
By Creation
- Express easements – Created by written agreement or deed
- Implied easements – Created by circumstances when property is divided
- Prescriptive easements – Created by long, open, continuous use
- Easements by necessity – For landlocked parcels
Easement Services
Easement Creation
- Drafting easement agreements
- Negotiating access rights with neighbors
- Creating maintenance and cost-sharing provisions
- Recording easement documents
Easement Analysis
- Reviewing existing easements before purchase
- Interpreting easement scope and limitations
- Identifying who maintains what
- Determining if an easement can be modified or terminated
Easement Disputes
- Scope disputes – what uses are allowed
- Location disputes – where the easement runs
- Maintenance disputes – who repairs and pays
- Interference claims – blocking permitted use
- Abandonment – has the easement ended
Key Easement Considerations
When Buying Property
Always review title for existing easements. Understand:
- What uses are permitted
- Where exactly the easement runs
- Who is responsible for maintenance
- Whether it affects your planned use of the property
When Granting an Easement
Be specific about:
- Exact location and dimensions
- Permitted uses and restrictions
- Maintenance responsibilities
- Whether it's permanent or terminates
- Insurance requirements
Terminating Easements
Easements can end through:
- Express release by the easement holder
- Merger (same person owns both properties)
- Abandonment (non-use plus intent to abandon)
- Expiration of stated term
- Changed conditions making use impossible
Common Easement Mistakes
Avoid these errors that can cause problems:
- Vague easement language: Disputes often arise from unclear scope or location
- Not recording easements: Unrecorded easements may not bind future owners
- Building on easement areas: Structures may have to be removed
- Ignoring existing easements: Review title before buying to understand burdens
- Verbal easement agreements: Get it in writing and recorded
Frequently Asked Questions
Common questions about easements
What is an easement? +
A legal right to use someone else's property for a specific purpose—like a driveway, utility lines, or drainage. The owner keeps ownership but must allow the permitted use.
What's the difference between appurtenant and in gross easements? +
Appurtenant easements benefit a specific property and transfer with it. In gross easements benefit a person or entity regardless of property ownership (like utility easements).
Can I block someone's easement? +
Generally no. You can't unreasonably interfere with valid easement rights. But you can require use stays within its defined scope.
How do I get an easement for property access? +
Negotiate with the neighbor, claim easement by necessity if landlocked, or establish prescriptive easement after 15+ years of open use.
What is a prescriptive easement? +
An easement gained through 15 years of continuous, open use without permission—for access rights rather than ownership.
Can an easement be terminated? +
Yes—through express release, merger (same person owns both properties), abandonment, expiration, or changed conditions.
Who maintains an easement? +
Usually the easement holder, unless the agreement says otherwise. Written agreements should address maintenance clearly.
Can I build on an easement area? +
Generally no. Building on an easement may interfere with the holder's rights and could result in court-ordered removal.
Protect Your Easement Rights
Schedule a consultation to discuss your easement needs.