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Property Easement: Definition, Types, and Impact

Usually, when you buy real estate, you become its legal owner and have the right to decide who can enter your property and how they can use it. But what happens if you discover during the homebuying process that the property has an easement on it and that others can legally use the land you thought was only going to be yours? Easements are important to understand because they may affect your decision to buy the property, or the price you’re willing to pay.

Let’s talk about the different types of easements and what they could mean for you as a homebuyer or homeowner.

What Is an Easement in Real Estate?

An easement gives a person who’s not the legal owner of your property the right to enter it without your permission and to use it for specific purposes. When buying a house, you’re typically required to get a property title search, which will look for easements.

When you own property, it is sometimes possible for people to create an easement. For example, your neighbors could create an easement that didn’t exist before and grants them the right to use your property in a way they didn’t previously.

It’s important to understand that easements don’t equal possession, so a person doesn’t possess your land—they just have a right to use a portion of it for a specific purpose.

How Do Easements Work?

When a property easement exists, you still own the land, but your rights as the property owner are limited by the easement holder and their specific rights. Easements are typically recorded in property deeds and title documents, making them legally binding.

Types of Easements

To start, each type of property easement can be categorized by what it allows or restricts:

Affirmative: Affirmative easements grant the right to do something on the property, such as walking or driving across it, or to an electric company to run power lines.
Negative: On the flip side, negative easements prevent the landowner from doing something, such as constructing a structure that blocks sunlight for a neighbor.

From there, easements can be classified by who benefits and how the easement exists. And while these names of common easement types might sound highly legalistic at first glance, they’re actually pretty simple to understand.

Easement in Gross

Easements in gross are affirmative and are often called “utility easements” because they give utility companies the right to maintain and repair equipment and infrastructure that’s located on your private property. Easements in gross like this are common because many properties have utilities provided by private or public companies. Easements in gross can also be granted to people.

Easement Appurtenant

Also called an “easement by necessity,” this type of easement is usually affirmative. An easement appurtenant benefits the dominant estate and burdens a servient estate, meaning it can give the owners of neighboring properties the right to use your property to access theirs.

Example: Your neighbors own a property behind the one you own, and the only way for them to get to a public road is to use a private road that runs on your land. They may have an easement that gives them the right to use a road on your property to access theirs.

An easement appurtenant can also involve trails or paths that allow people to access community or public property, such as public beaches and parks. For example, if you live in a housing community with a walking trail, there may be an easement that gives your neighbors the right to access this trail along a path on your property.

Easements appurtenant are often said to "run with the land," meaning the easement is a permanent feature of the property and continues when it’s sold to new owners.

Easement by Prescription

An easement by prescription is nearly always affirmative and is a way in which a neighboring property owner might create an easement on your property that didn’t exist before. They could do this by treating your property as if it had an easement granting them the right to use it, similar to an easement appurtenant. The rules for creating easements by prescription are complicated and can vary from state to state.

There are some common features of easements by prescription. Keep in mind that different states and courts may interpret these features in different ways:

“Open" or "notorious" use: Your neighbor must have been using your property in an obvious way that you should’ve noticed.
Adverse: Your neighbor has been using your property without your permission, or in an “adverse” way.
Continuous: Your neighbor has to have been using your property regularly.
Period of time: The use of your property must occur over a set time period that can vary by state but is usually 5–20 years.

Easements by prescription can also occur in rural communities where property owners can possess large tracts of land. For example, a neighbor might build a fence over your property line and begin using the land as if they had the legal right to do so. If this use continues long enough, your neighbor might gain the right to continue using your land through an easement by prescription.

Historic Preservation and Conservation Easements

Properties may have a historic preservation easement designed to protect the property’s historic character, and they typically limit how you may change or develop the property. A conservation easement is similar and limits how land can be used or developed in order to preserve its natural features. Under certain circumstances, owners of properties with these easements may be eligible for tax deductions as a result of the easement.

These easements also run with the land, are permanent features of the property, and continue to be enforced, even when the property is sold to new owners.

How Are Easements Created?

Easements can be created in several ways, depending on how access or usage rights were established in the first place. Common methods include express easements created by written agreement, easements implied by prior use, and easements established by necessity.

Express easement: An express easement is created through a written agreement, such as a deed or contract, that clearly describes the easement rights. It’s usually recorded with the county to become part of the property record.
Implied easement: An implied easement is more informal and arises from how land was historically used, even if it was never put in writing. It’s based on the assumption that the parties intended the easement to continue.
Easement by necessity: An easement by necessity is legally created when a property would otherwise be unusable or inaccessible. This type of easement exists only as long as the necessity remains.

How To Remove a Property Easement

Removing a property easement usually begins with identifying whether the easement was created expressly, impliedly, or out of necessity. In some cases, the easement may terminate on its own, while in others, a written release or legal action may be required.

Because easement removal can affect property rights and title records, working with a real estate attorney or title professional can help ensure the process is handled correctly.

Property Easement FAQs

Even if you’ve got a handle on the types of easements and how they work, you might still have questions. We’ve got answers.

Do Easements Include Ownership Rights?

No—in most cases, an easement doesn’t give a property owner who benefits from the easement any ownership rights to the property that’s affected by the easement.

Are Prescriptive Easements the Same as Adverse Possession?

Prescriptive easements and adverse possession are similar but have some key differences. A prescriptive easement grants the right to use land, while adverse possession can transfer ownership. Both rely on long-term, unauthorized use.

Can a Property Owner Block an Easement on Their Property?

Generally, no. Blocking a valid easement can lead to legal consequences. Property owners must allow access as outlined in the easement terms. Homeowners can, however, challenge an easement if it was created improperly or is no longer valid.

What Is an Easement in Simple Terms?

An easement is a legal right that allows someone else to use part of your property for a specific purpose. You still own the land, but your use of it may be limited or altered. Common examples include driveways, walkways, fences, and utility lines.

Is Buying a Property with an Easement a Good Idea?

It depends on the type of easement and its impact on the property. Many common easements are harmless, like utility or access easements. The key is understanding the easement before you buy.

Final Thoughts: Why Easements Matter When You Own or Buy Property

Understanding easements helps you avoid surprises, whether you’re buying a home or already own one. Because a property easement can affect access, value, and future plans, it’s important to review title records and ask questions early.

When you apply for a mortgage, lenders must closely verify all property records, including any easements attached to the home. Getting clarity upfront can help you feel more confident when you’re ready to get prequalified and start the process of buying your own home.