When buying real estate, it is important to understand the rights and restrictions that may affect how a property can be used. Easements are one of those key considerations. An easement gives someone else the right to use part of the property for a specific purpose. That use can influence everything from utility access to privacy and development potential.
Not all easements are the same. Some are common in residential areas, while others arise in more unique situations. Before completing a purchase, buyers should learn what types of easements may apply and how they could impact ownership.
1. Utility easement
A utility easement allows a public or private utility provider to install and maintain services like water lines, electrical wires, gas pipes or sewage systems across the property. These easements are usually recorded in the property deed or granted to municipalities.
While utility easements do not typically interfere with daily use of the land, they may restrict building in certain zones or limit landscaping options. Understanding their location and scope can help prevent future complications.
2. Private easement
Private easements are agreements between individual property owners. One owner gives the other permission to use a specific part of the land for a defined purpose. This may involve access to a water source, a shared driveway or space for a well system.
These easements should be reviewed closely to determine duration, boundaries and responsibilities. Even when mutually agreed upon, they can affect real estate resale value and must be disclosed to potential buyers.
3. Easement by necessity
An easement by necessity arises when a property has no reasonable access to public roads or utilities without crossing another person’s land. This situation often applies to landlocked parcels and does not require a formal written agreement.
Because these easements can be enforced under property laws, buyers should be aware of them even if they are not recorded. They often remain with the land regardless of ownership changes.
Seeking legal guidance before purchasing a property can help identify and assess any easements that may affect your rights as a future owner.