You’ve found the perfect home. The neighborhood checks all the boxes, the price is right, and the layout feels like it was made for your family. Then your attorney or real estate agent points out a line in the title report:
“20-foot-wide access easement along the edge of the lot.”
Now what?
Before you panic—or dismiss it—it’s important to understand what an easement is, how it could impact your use of the property, and what steps you should take before closing.
What Is an Easement?
An easement is a legal right for someone else to use a portion of your property for a specific purpose. The most common types of easements involve:
- Access – allowing someone to travel across your land to reach their own property
- Utilities – permitting utility companies to install and maintain lines, poles, or pipes
- Drainage – allowing runoff or stormwater to pass through a designated area
You still own the land where the easement exists, but you can’t block it or interfere with its intended use. That means no fences, sheds, or landscaping that would prevent access or use within the easement area.
“Running with the Land”: Why It Matters
Most easements are permanent and “run with the land,” which means they stay in place even if the property is sold. If a previous owner granted an easement to a neighbor, utility company, or municipality, you can’t revoke it—unless the party who benefits from it agrees to release it (which is rare).
In other words, once the deed is recorded in your name, you inherit both the property and the limitations imposed by any easements.
Will It Affect Your Day-to-Day Use?
In many cases, an easement doesn’t interfere with how you use your home. For example, an underground utility easement along the back lot line might never impact your enjoyment of the yard.
But not all easements are harmless.
Consider these examples:
- An access easement that cuts across your side yard might prevent you from building a fence, garage, or pool.
- A driveway easement might mean a neighbor’s car regularly crosses or parks near your home.
- A drainage easement might prohibit grading or landscaping that redirects water flow.
If the easement interferes with your ability to reasonably use the property as a single-family residence, your purchase and sale agreement (P&S) may give you the right to walk away—but only if you act before closing.
The Importance of Due Diligence
Buyers should always review:
- Title report or commitment – It will identify recorded easements affecting the property.
- Plot plan or survey – This helps visualize where the easement sits and how it impacts the lot layout.
- Deed language – The full description of the easement’s location and purpose will usually be found in a recorded document referenced in the title.
Don’t assume your real estate agent or lender will flag these issues. This is a legal issue, and it’s critical to have an attorney review the easement language and explain how it could affect your intended use of the property.
Once You Close, It’s Yours—Easement and All
After closing, the deed is recorded and the property becomes yours—including any easements or restrictions tied to the land.
That’s why it’s so important to catch these issues early. If you wait until after the closing, your options are limited, and you may find yourself stuck with a layout or restriction that makes the home less usable or harder to sell in the future.
Final Thoughts: Talk Before You Close
Easements don’t always kill a deal, but they should trigger questions. What kind of use does it allow? Who benefits from it? Where is it located on the lot? Can you still do what you planned to do with the property?
If you’re under agreement or thinking about making an offer and spot an easement in the listing or title report, reach out. A quick review can help you understand your rights, risks, and options—before you’re locked in.
This article is for informational purposes only and is not a substitute for legal advice. To apply the law to your specific situation, consult with an experienced real estate attorney.