Property Records8 min read

Easement Meaning: Definition, Types and How to Find One on a Property

Easement meaning: a nonpossessory right to use another person's land. Learn the types, how easements are created and ended, and how to find one on record.

By HeritageDeed Research, Title Data TeamPublished Last updated

Quick answer

Easement meaning: an easement is a legal right to use part of another person's land for a specific purpose, such as a driveway or a utility line, without owning it. The right is a nonpossessory property interest. The owner keeps title, but the land is burdened by the easement.

What is an easement? (easement definition)

The Legal Information Institute gives the standard definition: "An easement is the grant of a nonpossessory property interest that provides the easement holder permission to use another person's land" (Legal Information Institute, easement).

"Nonpossessory" means the holder does not own the land and cannot take it over. The owner still holds title, pays the property tax and can use the land in any way that does not interfere with the easement. The easement is a burden on the property, and it is a right for whoever holds it.

Two terms come up often. The land that carries the burden is the servient tenement, and the land that benefits is the dominant tenement. The person or company who may use the easement is the easement holder. If you want to define an easement in one line: it is permission, attached to land, to use someone else's land in a set way.

Definition

Easement — A nonpossessory property interest that lets the holder use another person's land for a limited purpose, such as crossing it, running a pipe through it, or keeping a building from blocking light.

What is an example of an easement?

The most common example is a shared driveway. House A has no road frontage, so its owner has a recorded right to cross the strip of land that belongs to house B. House B's owner still owns the strip and pays tax on it, but cannot block the driveway.

Utilities are the second everyday case. A power company may hold a strip along a back lot line for poles and wires. A water or sewer authority may hold a strip for a buried pipe. Neighbors then see a "utility easement" on a plat or survey, and that strip often limits where a fence, shed or addition can go.

A third example is a view or light easement, where an owner agrees not to build something that blocks a neighbor's access to light or a scenic view. These are less common, and they are the "negative" kind explained below.

What are the types of easements?

Easements are sorted in two ways: by what they let the holder do, and by who holds them. The Legal Information Institute says there are two "types" in the first sense, affirmative and negative, and several "kinds" in the second.

An affirmative easement "gives the easement holder the right to do something on the grantor of the easement's land," such as travel on a road through that land. A negative easement lets the holder stop the grantor from doing something that would otherwise be lawful, such as building a structure that blocks light or a view.

Common kinds of easement. Each of the more detailed kinds has its own rules, and they differ by state.
KindPlain-English meaningTypical example
Easement appurtenantTied to a neighboring parcel; passes automatically when that parcel is soldRight to use a neighbor's driveway to reach your lot
Easement in grossHeld by a person or company, not tied to a neighboring parcelA utility's right to run lines across many lots
Express easementWritten into a deed or a separate recorded documentA recorded driveway agreement
Easement by necessityImplied by court when a parcel would otherwise be landlockedAccess across a former owner's land
Prescriptive easementEarned through long, open use without permission, under rules that vary by stateA path used openly for many years
Affirmative / negativeRight to do something vs. right to stop somethingCrossing land vs. keeping a view clear

What is the difference between an easement appurtenant and an easement in gross?

An appurtenant easement benefits a piece of land. The Legal Information Institute describes it as involving two parcels: one bears the burden and the other benefits from the grant. Because it is attached to the benefited parcel, it transfers with that parcel. Per the same page, easements "are transferrable and transfer along with the dominant tenement."

An easement in gross benefits a person or an entity, with no benefited parcel. A utility line right is the usual case. We keep this section short on purpose, because the distinction has its own legal tests and state variations.

How is an easement created?

The Legal Information Institute lists four ways: an express grant, by implication, by necessity, and by adverse possession. In practice, most easements you will find on a title search are express: someone signed a document, and it was recorded with the county.

Express easements appear in a deed, in a plat (the recorded map of a subdivision), or in a standalone easement agreement. Implied and necessity easements arise from the facts, such as a lot sold with no other way in, and often need a court to confirm them. A prescriptive easement, the adverse-possession route, depends on use over time and state rules, so do not assume one exists or does not exist without checking the law where the land sits.

Can an easement be removed or terminated?

Yes, but not casually. The Legal Information Institute says an easement can end if it was created by necessity and the necessity ceases to exist, if the servient land is destroyed, or if it was abandoned.

Other routes exist in practice, such as a written release signed by the holder and recorded, or a merger when one person comes to own both parcels. Whether an easement ended by abandonment is usually a question of facts and law, and a court may have to decide it. An easement that is merely unused is not automatically gone. If an easement matters to a purchase or a build, ask a real estate attorney.

Do older easements disappear after 30 years?

Where do easements show up in public records?

Easements are recorded like other land documents, so they appear in the county recorder or clerk's index. Whether they can be found easily depends on how the office indexes them and on how much of the record is searchable online.

Places an easement may be recorded or described. An easement not found in these places can still exist.
Where to lookWhat it may show
Vesting deed and earlier deeds"Subject to" clauses and reservations of easement rights
Recorded plat or subdivision mapUtility and drainage strips along lot lines
Standalone easement documentDriveway, access, pipeline, utility or conservation grants
SurveyPhysical location of strips, poles, pipes and shared drives
Title commitment or abstractListed exceptions, which often include easements

How do you find out if a property has an easement?

  1. Read the vesting deed

    Find the deed that put the current owner in title and read for words like "subject to easements," "reserving," or a reference to a recorded document by book and page or instrument number.

  2. Check the recorded plat

    Subdivision plats mark utility and drainage strips. Lot-line strips are often a few feet wide, so read the notes and legend on the plat.

  3. Search the recorder's index for easement documents

    Look under the owner names and prior owners for documents typed as easement, right-of-way, access or utility grants. Our guide to how to do a title search covers the method.

  4. Compare with a survey

    A survey shows what is physically on the ground. A visible pole line or a shared drive with no recorded paper behind it is a flag worth raising with an attorney.

  5. Ask for the exceptions list

    A title commitment lists exceptions to coverage. Read each one. For how a search report differs from insurance, see title search vs title insurance.

Does an easement affect property value or what you can build?

It can. An easement means someone else has rights in part of your land, so you cannot build over a utility strip or block a shared drive. Lenders and buyers want to know about easements before closing, which is why they are listed as exceptions in title paperwork.

Whether an easement lowers value depends on its size, its location and how disruptive the use is. A small buried pipe along a lot edge may matter little. A wide access road across the middle of the lot may matter a great deal. This article does not give a number, because none can be stated honestly without a specific property.

An easement is one kind of encumbrance, a claim or burden on property that is not a money debt. Mortgages and liens are others; see how to check for liens on a property and the owner and encumbrance report guide.

Where HeritageDeed fits

HeritageDeed reports the recorded owner history at three depths: Current Owner Search $49, Two Owner Search $79 and 30-Year Search $129, in the counties on the title search coverage page. A records search reads what the public record shows. It is not title insurance and it is not legal advice, and it cannot confirm an unrecorded or implied easement.

Key takeaways

Key takeaways

  • An easement is a nonpossessory right to use another person's land for a limited purpose. The owner keeps title.
  • Appurtenant easements attach to a neighboring parcel and transfer with it. Easements in gross belong to a person or company.
  • Most easements found in a search are express and recorded, in deeds, plats or standalone documents.
  • Some easements can exist without being recorded, and older easements may survive long search periods.
  • Read the vesting deed, the plat and the exceptions list, and ask an attorney about anything unclear.

Frequently asked questions

What does easement mean?
An easement is a right to use another person's land for a specific purpose, such as access or a utility line, without owning it. The landowner keeps title and can still use the land in ways that do not interfere with the easement holder's right.
What is the easement definition in real estate?
In real estate, an easement is a nonpossessory property interest: the holder may use part of another person's property in a defined way. It is usually recorded, runs with the land when appurtenant, and shows up as an exception in title paperwork.
Who owns the land under an easement?
The landowner still owns it and generally pays the property tax. The easement holder only has the right to use it for the purpose stated. The owner may not do anything that unreasonably blocks that use, such as building across a shared driveway.
What is the difference between an easement and a right-of-way?
A right-of-way is a kind of easement that lets someone pass over land, such as a road or path. Easement is the broader word. It also covers utility lines, drainage and view or light rights, which do not involve passing across the land.
Does an easement transfer when a property is sold?
An appurtenant easement does. It transfers with the benefited parcel, and the burden stays with the burdened parcel. An easement in gross belongs to a person or company, and whether it can be transferred depends on its terms and state law.
Can a neighbor block my easement?
Generally not. A valid easement gives you a legal right to use the land for its stated purpose, and the owner cannot unreasonably interfere with it. If a dispute starts, a real estate attorney can review the recorded document and the facts of use.
Will a title search show an easement?
It can show recorded easements in deeds, plats and standalone documents. It will not necessarily show implied, necessity or prescriptive easements, which arise from facts rather than paperwork. A survey and a site visit help fill that gap.

Sources

Primary records and official documentation cited in this article.

  1. 1Legal Information Institute, Wex: easement
  2. 2Florida Legislature, Online Sunshine: Fla. Stat. 712.03, Exceptions to marketability
Topicseasement meaningeasement definitiondefine an easementtypes of easementseasement appurtenantutility easementeasement on property

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