What is an Easement?

The dictionary defines “easement” as “a right held by one property owner to make use of the land of another for a limited purpose, as right of passage.”

This means that, even though you are the legal owner of your property, someone else has the legal right to use it.  The most common example of this is a “utility easement.”  The local electric company has the right to run its power lines either under or over your property.  These easements are in writing, were put in place when the neighborhood was developed, and show up in your title report when you buy your property.  In other words, you know it is there when you buy the property.

The thing you need to be aware of is that there are restrictions on how you can use your property if there is a utility easement.  For example, you usually cannot build anything in the easement area.  Why is this?  Because in addition to having the right to run their power lines across your property, they have the right to repair and maintain those lines.  To do so they need access to your property to get to the lines and fix them.  If you put a building over their lines, they can’t access them.  If you plant a tree under the power lines, the power company has the right to cut the trees so they don’t interfere with the lines.  If you have an easement on your property, read the document to know what you can and cannot do in that area.  If you need help interpreting the documents, call our office for assistance.

A less common, and probably more annoying, easement is where your neighbor gets to cut across your property to get to the street. You are probably asking “how could someone have the right to do this?”  The short answer is usually because they have been doing it for a long time without anyone objecting.  I often have clients call to see if they can stop such an intrusion.  The answer is not always easy.  It depends on how long they have been using your property, how they have been using it, what you have done while they have used it, as well as surrounding circumstances.  It is complex and well beyond the scope of this article.  The important thing to remember is that the earlier you take action to stop the intrusion, the better your chances of getting the full use of your property back.

If it turns out that your neighbor has a “legal” right to use your property, you will be restricted on how you can use your property with respect to the easement.  And worse, you will need to  disclose the existence of the easement when you sell your property, which could negatively impact its value.

Call us if you need an easement analysis.  Don’t just take action on your own.