An easement is a legal right that allows someone other than the property owner to use a specific portion of the property for a defined purpose. Easements are one of the most common encumbrances found on residential properties — most homeowners have at least one easement on their land, even if they are not aware of it. Understanding easements is important because they can affect how you use your property, where you can build, and what risks your title insurance covers.
The most common types of easements are utility easements, which allow power companies, water/sewer utilities, cable providers, and telecommunications companies to install, maintain, and repair their infrastructure on your property. These easements typically run along property edges or through specific corridors and may restrict what the owner can build in those areas. Other common types include access easements (granting a neighbor the right to cross your property to reach theirs), drainage easements (allowing water to flow across the property), and conservation easements (restricting development to protect natural resources).
Easements can be created in several ways. Express easements are created by written agreement between property owners and are recorded in public records. Implied easements arise from circumstances — for example, if a property was historically accessed through a path across neighboring land, an implied easement may exist. Prescriptive easements are gained through long-term, open, continuous use without the owner's permission (similar to adverse possession but for use rights rather than ownership). Easements by necessity are created by law when a property would otherwise be landlocked — the law provides a right of way to reach a public road.
Easements run with the land, meaning they remain in effect regardless of who owns the property. They are permanent unless they have a specific expiration date, the purpose becomes impossible, or the easement holder formally releases it. When you purchase a property, you take it subject to all existing easements. This is why reviewing the title commitment — which lists all recorded easements — is so important before closing.
During the title search, all recorded easements are identified and mapped. An ALTA survey shows exactly where easements are located on the ground. At Beycome Title, we explain every easement listed on your title commitment in plain language, helping you understand how each one may affect your use of the property. If you have specific plans — like building a pool, adding a fence, or constructing an addition — knowing where easements are located is essential. Get your free title quote.