What Is an Easement, and How Does It Affect Property Rights?

Posted by Darren KennedyJan 10, 20250 Comments

An easement is a legal right granted to a person or entity to use someone else's property for a specific purpose, without owning the property itself. Easements do not transfer ownership of land but provide a limited use of the property in question. Easements are often used to allow access or utility services, and they can impact property rights by limiting how the owner of the property can use their land.

Examples of Easements:

  1. Utility Easement
    A utility easement allows utility companies to access private property to install, maintain, or repair infrastructure such as water, sewer, gas lines, or electrical cables. For example, if there is an easement across a piece of land that allows the utility company to install underground pipes, the landowner may not be able to build structures or plant trees over that easement, as it must remain accessible for utility workers to perform maintenance or repairs.

  2. Shared Driveway Easement
    A shared driveway easement is commonly used when two or more properties need to access a private road or driveway. For instance, if a property owner has land that is landlocked (with no direct access to a public road), they may have an easement through a neighbor's driveway to access their property. This easement allows the landlocked property owner to pass through the neighboring property but does not give them ownership of the land. The easement is typically for the benefit of the property that needs access, and the owner of the land granting the easement is usually responsible for maintaining the portion of the driveway that serves the easement.

In both of these examples, the owner of the property where the easement is granted must respect the rights of the party holding the easement. Easements can be permanent or temporary, depending on the terms outlined in the agreement, and they transfer with the property when it is sold. Therefore, it's important for property buyers to check for any existing easements during the title search to avoid potential conflicts or limitations on how they can use the property.