What You Should Know About Easements and Rights-of-Way

When buying a property, it’s reasonable to assume that the land on which the home sits will be 100% yours. But you may discover during the process that part of the property you’re buying must be “shared” with neighbors or that the local utility company has a right to access a pipe or meter in their backyard.

In those cases, the property has what is known as an “easement'' or a “right-of-way” that gives another person or entity a legal right to use it. There are different types of easements, each of which grants others the right to access the property for specific purposes. Easements can be granted to another person, such as a neighbor, or to an entity, such as an electric and gas utility.

Easements are typically recorded with the local assessor’s office, and will show up when a title search is conducted. Easements stay in place indefinitely, unless both parties agree to remove it.

Without getting too deep into legal details, here are common types of easements worth knowing about.

1. Right-of-way through your property

A right-of-way gives someone else access through your property. This is common in the case of a long driveway or a home that may be set back from the street and requires access through another property. In those cases, the property owner may have negotiated with their neighbor to gain a right-of-way through the front of the parcel or share the driveway. 

If you’re buying the home with the right-of-way in this scenario, you would still own the land, but your neighbor would have a legal right to pass through your property to get to theirs. In some instances, the previous owner might have been paid to grant the access. Regardless of the back story, the important thing to know is that easement carries over even when a new owner assumes the property, and you can’t deny them access once you take ownership.

2. Right-of-way grant

If you’re the homeowner who needs access to your neighbor’s property to get to yours, or you discover that the driveway or walkway to your home is actually not 100% yours, there’s usually nothing you need to do. It's just important to be aware of these conditions, and that the land is not entirely yours. 

But depending on the size of the easement and the type of land it covers, there may be some issues regarding maintenance. For example, you may be responsible for mowing the lawn, shoveling the pathway or maintaining a fence. 

If maintenance responsibilities are unclear, check with the current seller to understand how they and the other owner worked this out in the past. Often, such easements — known as a “'right-of-way grant,” have been on the title through the course of three or four owners, which can make the original intention or understanding murky. In those cases, understanding how the easement has worked in the most recent practice is your best course of action.

3. Other types of easements

Anyone who lives in a condominium or some type of planned development could spend hours working on property they don’t own outright but have access to. Most likely, the condo or planned development’s homeowners association (HOA) actually owns those areas, but each resident or owner has a right to pass through, which is one obvious type of easement.

Other easements are less obvious and can take buyers and homeowners by surprise. A classic example is one in which a utility company, such as a power company or cable company, has an easement through your land for the purpose of maintaining the utility. In those cases, the utility can access your property for repairs and maintenance, often without notifying you.

Other types of easements include: 

• Public access, such as providing a way to get to a public beach or park  

• Fishing or hunting on private property

• Brush clearing to maintain power lines

Do easements change property lines?

No. An easement does not change your property’s boundaries. It only allows others to access your property for specific purposes.

Title searches will show which easements come with the property. Being informed about what they cover can help avoid surprises and conflict with your neighbors.

You can ask the title company, your attorney or your real estate agent for the documents surrounding the original easement in order to review the details. That way, you will know the exact location of the easement, its size and scope and how it can be used.

And if you’re buying a home or property in a remote area that is not served by a public road, you’ll want to be sure there’s an easement in place with a neighboring owner or owners so you can access your property.

Easements don’t have to be a source of concern or problems as long as you know what’s involved.