Real Estate Law · Haute Lawyer Network
What Is an Easement on a Property?
Last reviewed: June 2026
An easement is a legal right that gives one person or entity the right to use another person's land for a specific purpose. The owner retains ownership but must allow the easement holder to use it in the specified way. Easements can significantly affect property value, development potential, and the owner's use of their land.
Common Types
Utility easements — the most common. Allow utilities to run lines, pipes, and cables across private property. Typically prohibit permanent structures in the easement area.
Right-of-way easements — allow one property owner to cross another's land to reach their own property.
Conservation easements — restrict development to preserve natural features, agricultural use, or historical character.
Drainage easements — allow water to flow across a property through a designated corridor.
How Easements Are Created
By express grant in a recorded written document, by reservation when a seller conveys property but reserves an easement, by prescription when someone uses another's property openly and continuously for the statutory period, or by necessity when property is landlocked.
Frequently Asked Questions
Can an easement be removed?
By express release, by merger when common ownership eliminates the need, by abandonment, by expiration of a specified term, or by court order. Generally requires agreement of the easement holder or a court proceeding.
Does an easement affect property value?
Depends on the easement. Utility easements have minimal impact. A large drainage or access easement restricting development can substantially reduce value.
Can I build on land with an easement?
Depends on the easement. You generally cannot build permanent structures within a utility easement corridor. Review the specific easement language and consult a real estate attorney before building.
Does a new owner take the property subject to existing easements?
Yes. Recorded easements run with the land and bind all subsequent owners regardless of whether the new owner knew about them.
What is the difference between an easement and a license?
An easement is a property right — irrevocable. A license is merely permission — personal to the holder and revocable at any time.
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