Property Easement: Definition, Types, and Impact

Common Types of Property Easements

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 for an electric company to run power lines.
• Negative: On the flip side, negative easements prevent the landowner from doing something, such as building a structure that blocks sunlight for a neighbor.

From there, easements can be classified by who benefits and how the easement exists. 

Utility Easement

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. Utility easements are common because many properties have water, electric, or gas provided by private or public companies. Easements in gross can also be granted to people.

Right-of-Way Easement

Also called an “easement by necessity” or “easement appurtenant,” this type of easement is usually affirmative and can be public or private. Right-of-way easements give the owners of neighboring properties the right to use your property to access theirs. Some examples of this include:

• 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. 
• 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.
• Two neighbors share a driveway that runs along the property line, so both homeowners are allowed to cross the other's property to reach their homes or garages.
• A public pedestrian walkway lines the front edge of a privately owned residential or commercial property.

Right-of-way easements 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.

Drainage Easement

A drainage easement allows water to flow across a designated portion of private land. The property owner still owns and pays taxes on the land the water flows across or through, but they can’t block or build on it, so stormwater can safely move through ditches, pipes, or channels without causing flooding.

Conservation or Historic Easement

Conservation and historic easements limit how land can be used or developed in order to preserve its natural features or historic character. Under certain circumstances, owners of properties with these easements may be eligible for tax deductions as a result of the easement.

How Property Easements Work

Most property easements run with the land, meaning the easement legally exists even if a new owner buys the property. Active easements can usually be found in the public records of the county where they exist.

1. How Easements Are 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.

• Prescriptive easement: An easement by prescription may be created when someone uses another person’s property openly, continuously, and without permission for a legally required period of time. Requirements vary by state, but if the use meets applicable legal standards, the person may gain a legal right to continue using the property. This can sometimes involve an encroachment, such as when a structure or other improvement extends onto a neighboring property.
• 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.

2. How Easements Are Enforced

• 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. Because these easements aren’t recorded in public property records, they’re usually established and disputed through litigationand, to the extent an easement permanently burdens a property, a legal process called a quiet title action may be used to clear the title. 

3. How Property Easements Are Removed

Removing a property easement usually begins with identifying whether the easement was created expressly, impliedly, or out of necessity. There are a number of ways an easement can then be removed: 

The person who benefits from the easement signs a written release.

• Someone buys both the land with the easement and the land that uses the easement.
• The easement expires after its set end date (if it has one).
• The necessity ends.
• The easement holder abandons it.
• The government condemns the land, removing the easement in the process.

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?

Property owners generally can’t block valid property easements without risking legal consequences. Property owners must allow access as outlined in the easement. However, homeowners can challenge an easement if it was created improperly or is no longer valid.

Is It Bad to Buy a Property with an Easement?

It depends on the type of easement, how it affects your use of the property, and its potential long-term impact.  Consider whether the easement could inconvenience you, limit your plans for the property, affect your privacy, or influence the property's resale value. Before buying, make sure you understand the easement’s terms and how they align with your needs and plans for the home.

Final Thoughts: How Easements Can Impact You 

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, all property records, including any easements attached to the home, must be verified. Getting clarity upfront can help you feel more confident when you’re ready to get prequalified and start the homebuying process.