Easement and encumbrance checker

General guidance only. Easement rights depend on the specific language in the recorded document, local case law, and your state's statutes. This tool identifies general legal principles - a real estate attorney reviews the actual recorded instrument and advises on enforceability and options. See our full disclaimer.

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A real estate attorney reviews the actual recorded easement document, advises on scope and enforceability, and identifies whether the easement can be modified, challenged, or removed. Free initial consultation in most areas.

What is an easement and how does it affect property ownership?

An easement is a legal right for a person or entity to use a portion of your property for a specific purpose - without owning it. You keep title to the land, but your use of it is limited by the easement holder's rights.

Over 70% of U.S. properties have at least 1 recorded easement. Most are utility easements that have no practical impact on day-to-day use. Others - access easements, view easements, conservation easements - can significantly restrict what you can build, where you can plant, and whether you can fence your own yard.

Easements transfer with the property. When you buy land subject to an easement, you take it as-is - you can't simply ignore it or build over it. Before finalizing any purchase, the title defect analyzer can help you assess whether an easement rises to the level of a title defect requiring resolution before closing.

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

An easement appurtenant benefits an adjacent property (the "dominant estate") and burdens your property (the "servient estate"). It runs with both parcels - it transfers automatically when either property is sold. A neighbor's driveway access easement across your land is a classic example.

An easement in gross benefits a specific person or entity - not an adjacent property. Utility easements are easements in gross held by the power company, water utility, or telecommunications provider. They don't transfer with the land if the easement holder sells its business unless the easement document specifies otherwise.

The distinction matters because appurtenant easements are typically much harder to remove - they're tied to the neighboring parcel and can't be extinguished without the dominant estate owner's agreement. Review your buyer and seller disclosure checklist to confirm easements were properly disclosed before you purchased.

Can an easement be removed or modified?

Yes, but the path to removal depends on the easement type and how it was created. Easements created by express grant can only be removed with the easement holder's written agreement - a release or quitclaim of the easement right recorded with the county.

Easements by prescription (similar to adverse possession) can be extinguished by blocking the use for the statutory prescriptive period. Easements by necessity expire if the necessity no longer exists (for example, if a landlocked parcel gains road access another way). Courts can extinguish easements that have been abandoned or that impose an unreasonable burden relative to their benefit.

If you're in a purchase transaction and an easement is affecting your plans for the property, your real estate contract should include specific contingency language allowing you to back out or negotiate if the easement proves more restrictive than disclosed.

Frequently asked questions

Generally no - and doing so can be extremely costly. Building over an easement without the easement holder's written permission is a violation of their legal rights. The easement holder can seek a court order requiring you to remove any structure built in the easement area at your own expense. Utility companies regularly enforce their easements when property owners build over them. Before any construction, locate all easement areas on your survey and confirm the proposed structure is outside every easement. Even minor encroachments like fences, sheds, and decks can trigger enforcement action.

A prescriptive easement is created when someone uses your property openly, continuously, and without your permission for the statutory period (typically 5 to 20 years depending on state). It's the easement equivalent of adverse possession. Common examples: a neighbor who has used a path across your land for decades, or a driveway that has encroached on your property for years. To prevent a prescriptive easement from forming, you must periodically revoke permission in writing, block the use, or record a "notice of permission" that converts the use from hostile to permissive. Once a prescriptive easement is established, the user can seek a court order formalizing it.

A conservation easement is a voluntary legal agreement between a property owner and a land trust or government entity that permanently restricts development to protect conservation values - open space, wildlife habitat, historic character, or agricultural use. Once recorded, a conservation easement runs with the land permanently and binds all future owners. It typically reduces the property's development value (and therefore its market value) but may have qualified for a charitable tax deduction at creation. If you're buying a property with a conservation easement, understand exactly what it prohibits before purchasing - the restrictions vary widely by easement language.

An easement by necessity arises when a parcel is landlocked - it has no legal access to a public road except through another owner's land. Courts grant easements by necessity to prevent parcels from being rendered completely unusable. The landlocked owner can apply to the court for an easement over the most reasonable route across the surrounding parcels. The easement by necessity typically expires if the necessity later disappears (for example, if a road is built providing alternative access). The burden of proving necessity and identifying the least-burdensome route falls on the party claiming the easement.

Start with your title commitment or title insurance policy - Schedule B lists all recorded encumbrances including easements. The underlying easement documents are recorded with the county recorder or register of deeds and are public record. A current survey will show the physical location of easement areas on the ground. Some easements are not recorded but still legally enforceable (prescriptive easements, easements by necessity) - a title search won't find these, but a physical inspection of the property and neighborhood often reveals them. A real estate attorney or title company can order a full title search and provide copies of all recorded instruments.