What Every Landowner Should Know
When buying or selling property—or even just maintaining your own—it’s essential to understand how easements can impact land use and value. Easements are more common than you might think, and they can sometimes create confusion if you're not sure what they mean or how they work.
In this post, we’ll break down the basics of property easements, explain the different types, and offer tips for navigating them with confidence.
What is a Property Easement?
A property easement is a legal right that allows someone else to use a portion of your land for a specific purpose, even though you still hold title to the property. Easements don’t give the holder ownership, just a right of use—and that can affect how you use your land.
Common Types of Easements
- Utility Easements: These are probably the most common. Utility companies often have the right to access parts of your property to install or maintain water, electric, gas, or sewer lines.
- Access or Ingress/Egress Easements: These allow someone to travel across your land to reach their own property. It’s common in rural areas where one parcel doesn’t have direct road access and needs to cross a neighbor’s land.
- Conservation Easements: These are used to preserve land in its natural state. The property owner gives up the right to develop or subdivide the land, often in return for tax benefits.
- Prescriptive Easements: These occur when someone has been using your land openly and continuously without your permission for a long time (usually determined by state law) and eventually gains legal rights to continue that use.
Why Easements Matter
Whether you’re buying, selling, or just managing your property, it’s crucial to know if any easements exist. Here’s why:
- They can limit what you can build or where you can fence
- They may give others access to part of your land
- They could affect property value or appeal to buyers
Tips for Dealing with Easements
- Review the Title Report and Survey: Always read the preliminary title report before closing on a property. Easements should be listed there, and a professional survey can help show exactly where they are.
- Talk to Neighbors or the Easement Holder: If you’re unsure about an easement’s use or condition, have a conversation. Most issues are easier to address early on through communication.
- Consult a Real Estate Attorney: If an easement seems unclear or you believe it’s being misused, seek legal advice. In some cases, easements can be modified, moved, or even terminated—especially if they’re no longer in use.
- Know Your Rights and Responsibilities: While you still own the land, you generally can’t interfere with the easement holder’s rights. However, they’re also limited to the specific use outlined in the easement agreement.
Final Thoughts
Easements aren’t necessarily a dealbreaker, but they do deserve your attention. Understanding how they work and what they mean for your land can help you avoid surprises and make smarter property decisions.
If you’re buying or selling rural land, a homestead, or investment property, take the time to dig into any existing easements. The more informed you are, the better positioned you’ll be to protect your investment.
Have questions about easements or real estate in your area? We're happy to help you navigate the process—reach out anytime at (218) 766-9607!