General

Easement

A legal right to use another's land for a specific purpose, often utilities, access, or drainage.

An easement is a recorded legal right granted to one party (the dominant estate or utility company) to use a portion of another party's land (the servient estate) for a specific purpose. Common easements include utility easements (gas, water, sewer, electric, telecom), access easements (driveways, paths), drainage easements, and conservation easements.

For contractors, easements affect what can be built where. Construction within a utility easement typically requires approval from the easement holder and may not allow permanent structures. Easement violations can result in forced removal of completed work. Always review the property survey and title commitment for easements before site planning.

Frequently asked questions

What is an easement on a property?+

A legal right granted to another party (utility company, neighboring property owner, government) to use a portion of the property for a specific purpose. Easements are recorded on the property and run with the land.

Can I build on an easement?+

Depends on the easement type and language. Utility easements typically prohibit permanent structures within the easement area. Access easements may allow patios or paving but not structures. Always verify with the easement holder before building.

How do I find easements on a property?+

Property survey, title commitment, and recorded deed will show easements. Title companies typically issue an easement schedule with title insurance. Always order a current survey before site planning.

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