An easement is a legal right for someone to use a portion of another person's property for a specific purpose, without owning it. Common examples include a utility company running lines across a yard or a neighbor crossing a shared driveway. Easements typically run with the land, binding future owners even after the property is sold.
How does an easement work?
An easement grants a limited right to use land you do not own, for a defined purpose, while the underlying owner keeps title and most other rights. The classic case is access: a landlocked parcel may hold an easement to cross a neighbor's property to reach the road. The owner still owns the strip of land, but must allow that specific use.
Most easements 'run with the land,' meaning they attach to the property rather than to a particular person. When the property sells, the easement stays in place and binds the new owner. That is why easements should surface in a title search and appear in the deed or recorded documents before you buy.
Common types of easements
- Utility easements let power, water, sewer, or telecom providers install and maintain infrastructure.
- Access or right-of-way easements let someone cross a property to reach another parcel or a road.
- Easement appurtenant benefits an adjacent parcel and transfers with both properties.
- Easement in gross benefits a person or company (like a utility) rather than a neighboring parcel.
- Prescriptive easements can arise when someone uses land openly and continuously for a period set by state law.
How easements are created
Easements can be created by written agreement, by necessity (such as a landlocked parcel), by long-standing use (prescriptive), or by a government exercising authority. The rules and time periods for each vary widely by state, so what creates an easement in one place may not in another.
It also helps to know the two sides of an easement. The property that carries the burden is the servient estate, while the parcel or party that benefits holds the dominant interest. When an easement benefits neighboring land rather than a person, both the burden and the benefit typically pass automatically to future owners along with title.
Easement vs. encroachment
An easement and an encroachment both involve one party's use of another's land, but they are legally very different. An easement is a recognized, usually recorded right to use the land. An encroachment is an unauthorized intrusion, like a fence or shed built over the property line, that has no legal right behind it.
The distinction matters because an easement is generally something a buyer accepts as a known limit on the property, while an encroachment is a defect or dispute to be resolved. An unresolved encroachment can cloud title, while a properly recorded easement simply defines how the land may be used. A survey often reveals both, and title insurance may address certain issues.
Why easements matter for buyers
Easements matter because they can affect what you can build, how you use your land, and even the property's value. A utility easement across the back of a lot may prevent you from adding a pool; a shared-access easement may bring traffic past your door.
Pros | Cons |
|---|---|
Access easements can make an otherwise unusable landlocked parcel viable. | An easement can limit building, landscaping, or expansion plans. |
Utility easements keep essential services connected and maintained. | Easements run with the land, so you inherit them when you buy. |
Recorded easements give buyers clear notice of how land may be used. | Prescriptive and disputed easements can be complex and vary by state. |
For diaspora buyers who cannot inspect a property in person, easements are easy to overlook and hard to reverse. Reviewing the title report, survey, and any recorded agreements before closing is essential. This is educational information, not legal advice; a licensed attorney or surveyor in the property's state can confirm exactly what any easement allows.
Frequently asked questions
Sometimes, but not easily. Easements can end by agreement, by expiration, by merger of the properties, or by abandonment, depending on the type and state law. Because most run with the land, you generally cannot remove one unilaterally without the holder's consent or a court order.
It can, in either direction. A burdensome easement that limits building or brings traffic may lower value, while an access easement that makes a parcel usable can raise it. The impact depends on the easement's type, location, and scope.
Usually yes. Most easements run with the land, so they remain in effect and bind the new owner after a sale. This is why easements should appear in the title search and recorded documents before you buy.
A right-of-way is a common type of easement, specifically one that allows passage across a property, such as a driveway or path to reach a road. All rights-of-way are easements, but not all easements are rights-of-way.
Yes. Easements can arise by necessity, by long-standing open use (prescriptive easement), or through government action, without the current owner's explicit consent. The requirements and time periods vary by state, so consult a local attorney if you are unsure.
Updated July 21, 2026
Disclaimer
Dara provides this glossary for general educational purposes only. It is not financial, legal, or tax advice, and availability, fees, and terms vary by country and corridor.
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