When buying or selling a home, most people focus on features such as square footage, school districts and curb appeal. But another important, and often overlooked, factor can affect your rights as a property owner: easements.
Whether you are a homebuyer exploring new listings or a seller preparing a property for the market, understanding what an easement is, and how it affects your land, is essential. This article breaks down the different types of easements, how to identify them and how Howard Hanna Real Estate Services helps clients navigate these legal details with confidence.
What Is an Easement in Real Estate?
An easement is a legal right granted to someone to use a portion of another person’s property for a specific purpose. Easements do not transfer ownership, but they allow access or usage rights, often to utility companies, neighbors or local governments.
For example, a utility company may have an easement to run power lines through a corner of your yard, or a neighbor may have the right to use your driveway to access their property. While easements are common, they are often unobtrusive. They can also sometimes affect what you can do with your land and may influence a property’s value or desirability.
Why Easements Matter When Buying or Selling a Home
Easements remain attached to the property, not the individual owner. That means when you buy a home with an easement, you also accept its terms.
That is why it is crucial to have your Howard Hanna agent and a qualified title professional review any easement agreements or encumbrances before you sign a purchase contract. Howard Hanna’s in-house title services ensure all easements and property rights are disclosed and explained before closing.
Common Types of Easements
Understanding the most common types of easements can help you know what to expect when reviewing a property listing or title report.
- Utility easement
This is the most common type of easement. It gives utility companies the right to access land to install or maintain infrastructure such as:
- Power lines
- Water mains
- Sewer pipes
- Gas lines
- Cable and internet lines
These easements are often buried or located along property edges. While they rarely interfere with daily living, they may restrict construction in those areas.
- Ingress and egress easement
This easement allows someone the right to enter and exit through another person’s land. It is typically used when a property does not have direct access to a public road.
For example, if a neighbor’s driveway crosses your land to reach their home, that is an ingress and egress easement.
- Prescriptive easement
A prescriptive easement occurs when someone has used part of a property openly, continuously and without permission for a certain number of years. This varies by state, but they can then gain legal access through court action.
For instance, if a neighbor has crossed your yard for decades, they may eventually be able to claim legal access.
- Easement by necessity
A court may grant this type of easement if it is the only practical way for a property owner to access land, usually because the property is landlocked.
This is common in rural areas and older subdivisions.
- Conservation easement
A conservation easement restricts how a property can be used to protect environmental features such as wetlands, forests or wildlife habitats. It may limit development or agricultural use.
These easements are often voluntary and may come with tax incentives.
- Private easement agreement
Neighbors or property owners sometimes create private agreements to share access or use portions of land, such as shared driveways or pathways.
These agreements should always be formalized in writing and recorded with the county to prevent future disputes.
How to Find Out if a Property Has an Easement
If you are buying or selling a home, it is important to identify any easements. Here are three ways to do so:
- Review the property deed or title report
The most reliable way to identify easements is through the property’s title, which lists easements, liens and other encumbrances. With Howard Hanna, the company’s title services division ensures a complete title report is provided and explained before closing.
- Check the property survey
A survey shows property boundaries, easements and rights of way. It is especially helpful when planning additions or landscaping projects.
- Ask your real estate agent
A knowledgeable agent can review MLS disclosures, title documents and county records to identify and explain easements. Howard Hanna agents are trained to interpret complex property records and ask the right questions on your behalf.
Can an Easement Affect Property Value?
Yes, depending on the type, scope and location of the easement.
Typically little or no impact:
- Utility easements in side or rear yards
- Shared driveways with clear, recorded agreements
Potential impact:
- Large easements that restrict construction
- Visible utility infrastructure such as power poles
- Prescriptive or disputed easements
If you are unsure how an easement may affect property value or use, a Howard Hanna agent can connect you with legal or zoning experts.
Can Easements Be Removed?
In some cases, yes, but removal usually requires a legal process or written agreement. Easements may be terminated through:
- Agreement: All parties agree in writing to end the easement
- Expiration: Temporary easements expire after a set period
- Abandonment: A court may determine an easement is abandoned if unused for many years
- Merger: If one owner acquires both properties, the easement may be extinguished
Legal assistance is typically required. Your Howard Hanna agent can refer you to a real estate attorney.
Conclusion
Easements are a common part of real estate ownership, but they do not have to be confusing. Understanding your rights and working with experienced professionals makes all the difference.
At Howard Hanna, informed clients make confident decisions. Whether buying, selling or building, Howard Hanna agents and support teams are ready to help you navigate every inch of your property with clarity and care. Start your real estate journey today with a Howard Hanna agent or browse homes in your market.
Howard Hanna Real Estate Services proudly provides real estate, mortgage, title, and insurance services across 14 states. As the largest family-owned and -operated real estate brokerage in the United States, Howard Hanna operates more than 500 offices with 15,000 sales associates and staff. Recognized as the most innovative brokerage, Howard Hanna provides solution-based programs and platforms to empower their agents to provide more resources for homebuyers and home sellers, resulting in their agents achieving a sales success rate that is 53% higher than agents at the top 1000 brokerages nationally. Since 1957, Howard Hanna has helped agents build the skills and experience needed to thrive in the ever-changing landscape of real estate. Learn more at www.HowardHanna.com.
