What is an easement, and who can hold one?
An easement is the right to use land that belongs to another person for a specific purpose, such as crossing it to reach a road, running a power line or draining water. The landowner still owns the ground, but cannot block the permitted use. Holders can be neighbors, utilities, road authorities, irrigation districts or conservation groups.
A right-of-way is closely related. The term often describes a strip of land used for a road, rail line or utility corridor. Ask the county office and a title company how each is recorded in your area, because the vocabulary varies.
Before you close, ask the title company to list every recorded easement against the parcel in one summary and attach the documents. Compare that list to what you saw on the walk. Anything on the ground that is not on the list deserves a question.
- Access easements let a neighbor cross your land
- Utility easements cover lines, pipes and poles
- Conservation easements limit future development
How do I find easements before I buy?
Order a title search through a title company or real estate attorney. It should list recorded easements, liens and restrictions tied to the parcel. Ask for copies of the recorded documents, not just a summary line, because the wording of each one sets the limits.
Then compare the title work with a current survey. A good survey shows recorded easements as labeled strips. Walk the ground afterward and look for poles, buried-line markers, gates, worn tracks and culverts that suggest use the paperwork does not mention.
Consider what you would do if a neighbor's access crosses your land and you want to fence. A gate is often the practical answer, but the recorded wording decides whether a gate is allowed, whether it may be locked and who holds the key.
- Request the full recorded documents
- Match them to the survey
- Look for signs of use on the ground
What if I find a path or road that is not on the paperwork?
Long-standing use by others can sometimes create rights even without a written agreement. Whether that happens, and after how long, is a matter of state law. Do not assume a neighbor has no claim because nothing was recorded, and do not assume they do.
Ask the seller directly and in writing about any informal arrangements. A real estate attorney in the county can explain how local courts treat unwritten use and what steps protect you before closing.
If a utility has a strip across your land, call them before you plant trees or dig. Many utilities will tell you what is allowed in the strip and how they handle clearing, and some require you to call a locating service before any digging.
- Ask the seller to disclose informal agreements
- Photograph any tracks or gates
- Get an attorney opinion before closing
How do easements limit what I can build?
Most easements restrict structures, deep-rooted plantings and fencing that would block the holder. A utility strip may forbid buildings over it. An access strip may require a gate that can be opened, or may limit how you can change the surface.
Read the recorded wording for width, purpose and maintenance duties. Ask who pays for road upkeep on a shared drive, and whether there is a written maintenance agreement. Unclear cost sharing is a frequent source of neighbor disputes.
- Check width and permitted use
- Ask who maintains a shared drive
- Keep buildings and fences off marked strips
What about landlocked parcels?
A parcel with no legal access to a public road is sometimes called landlocked. Some states provide a legal route to obtain access, and others rely on negotiation or court action. These routes can be slow and costly, and the outcome is not certain.
Confirm legal access before you make an offer. Look for the road frontage on the survey or a recorded access easement in the deed. If access depends on a neighbor's goodwill, treat that as a serious risk.
- Confirm frontage on a public road
- Or a recorded access easement
- Never rely on a verbal promise
Who should I ask for help?
A title company or real estate attorney handles the legal reading. The county recorder or register of deeds office holds the recorded documents. Your county road department can tell you whether a road is public or private and who maintains it.
Your extension office may also publish landowner guides for your state. Keep copies of every easement document in one folder, and share them with your insurer and any contractor who plans to dig.
- County recorder or register of deeds
- County road department
- Title company or attorney
What mistakes should I avoid with easements?
The usual mistakes are buying on a verbal promise, assuming an old track is yours alone and building before reading the recorded wording. Another is ignoring a neighbor's long use of a path, which may matter under your state's law.
Treat every easement as a cost or a limit and put it into your offer thinking. If one makes the land unusable for your plan, walk away rather than hoping to fix it later.
Key takeaways
- An easement is a limited right held by someone else on your land.
- Title search plus survey plus a walk of the land finds most of them.
- Unwritten use can matter, and rules vary by state.
- Confirm legal access to a public road before you offer.
Sources and further reading
Last reviewed: November 12, 2026. Written by the Homestead & Small Farm Editorial Team. See our editorial policy.