Easement
An easement is a legal right for someone to use part of another person's land for a limited purpose, such as a utility line or an access path.
An easement is a legal right for someone to use part of another person's land for a limited purpose, such as a utility line or an access path.
Definition
An easement does not transfer ownership. It lets a party, such as a utility company or a neighbor, cross or use a strip of land. It usually stays with the land when it is sold.
A plain example
Illustrative example: a water pipe crosses the back of a lot. The utility holds an easement over that strip, so the owner may be barred from building a structure over it.
Why it matters
An easement can limit where you build and what you plant, so it should be known before design starts.
Common confusion
An easement is not a setback. A setback comes from zoning. An easement is a private or utility right recorded against the land.
On a project
Read the title documents and the survey, and ask a qualified professional about any recorded easements before you fix a layout.
Quick answers
- Does an easement mean I do not own the land? No. You own it, but another party has a defined right to use part of it.
- Where are easements recorded? In land records. A survey and title search usually show them.
- Can I build on an easement? Often not. Ask the holder and a qualified professional.
Related terms
Always check the project drawings and specification, and confirm requirements with the engineer of record and the local authority.
Questions people ask
Does an easement mean I do not own the land?
No. You own it, but another party has a defined right to use part of it.
Where are easements recorded?
In land records. A survey and title search usually show them.
Can I build on an easement?
Often not. Ask the holder and a qualified professional.
Sources and further reading
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