What is an Easement? Zoning Definition
An easement is a legal right allowing someone other than the property owner to use a specific portion of the property for a defined purpose, such as utility access or a shared driveway.
What Easements Are
An easement gives a non-owner the right to use part of your land for a specific purpose without owning it. The most common examples are utility easements, which allow electric, water, or sewer companies to run lines across your property, and access easements, which grant a neighbor the right to cross your land to reach their own. Easements are recorded in property records and typically survive when the property is sold.
Why Easements Matter for Property Buyers
Before buying any property, you should review the title report for existing easements. An easement can prevent you from building on a portion of your lot -- for example, a 10-foot utility easement along the rear of your property means you cannot place a structure in that strip, even if zoning setbacks would otherwise allow it. Easements can also affect property value, privacy, and future development plans.
Common Types and Practical Tips
- Utility easements are nearly universal and usually run along property edges. They allow utility companies to access, maintain, and repair infrastructure.
- Prescriptive easements can arise when someone openly uses part of your land for a long period (similar to adverse possession). These can be a surprise during a title search.
- Conservation easements restrict development to protect natural resources and can significantly limit what you can build.
- Always get a survey and title search before purchasing property so you know exactly where easements are and what they allow.
Related Terms
Right-of-Way
A right-of-way is a strip of land reserved for public use, typically for roads, sidewalks, and utilities, that may technically be part of a private lot but is controlled by the government.
Deed Restriction
A deed restriction is a private limitation written into a property's deed that controls how the property can be used or developed, separate from and in addition to government zoning rules.
Encumbrance
Any claim, lien, easement, or restriction on a property that may affect its use, transferability, or value, without necessarily preventing ownership.