Property Easements and Your Land Use Rights

Answer

A property easement grants someone the legal right to use part of another person’s land for a specific purpose, without owning it. Easements create a “burden” on the servient estate (the landowner’s property) and a “benefit” to the dominant estate (the user’s property or person).

Key aspects of property easements include:

• Types of Easements:
  
  • Appurtenant Easement: Passes with the land, benefiting a neighboring parcel (e.g., driveway access). It remains in effect when property ownership changes.
  • Easement in Gross: Benefits a person or entity rather than land (e.g., utility lines, pipeline companies).
  • Express vs. Implied:
    • Express: Written in a deed or separate agreement and recorded with the county recorder’s office.
    • Implied: Created by long‑standing, visible use (e.g., a path used openly for many years) or out of necessity (landlocked parcel requiring access).
  • Prescriptive Easement: Arises after uninterrupted, open, and hostile use of land—commonly 10–20 years depending on state law.
• How Easements Affect Property Owners:
  An easement does not give ownership, but it limits how the servient owner can use that portion of land. For example, a utility easement may prohibit building structures over buried cables. Dominant owners must respect maintenance responsibilities and avoid altering the easement’s scope.
• Creation and Termination:
  Most easements require a written agreement and recording. Termination can occur by:
  
  • Written release or quitclaim deed by the dominant owner
  • Merger of both dominant and servient estates under one owner
  • Abandonment, if the easement holder clearly demonstrates intent to abandon and stops use altogether
  • Expiration, if the easement was granted for a fixed term
• Due Diligence for Buyers:
  Before closing, obtain a title report or a survey to identify recorded easements. Unrecorded (implied or prescriptive) easements may surface during a boundary survey. Buyers are recommended to verify all encumbrances with a title company.

Easements play a crucial role in property development, utility services, and neighborly access. Before buying or developing land, it’s advisable to review all recorded easements and consult a licensed real estate attorney to understand how they may impact your rights and property use.