Easements
A right for someone else to use part of a property for a defined purpose.
01
What It Means
An easement is a legal right allowing a party other than the owner to use a portion of the property for a specific purpose — access, utilities, irrigation ditches, drainage, or shared driveways among them.
Easements are typically created by recorded document, and they generally run with the land rather than ending when ownership changes.
02
Why It Matters
Easements can determine whether a parcel has legal access to a public road, where a home can be built, and whether a fence or outbuilding sits in a location that may later need to be moved.
On rural property, access and ditch easements are frequently among the most consequential items in a title commitment.
03
Common Misconceptions
- "A road on the ground means legal access exists." Physical access and recorded legal access are different questions.
- "Easements expire when the property is sold." Most recorded easements continue with the land.
- "An easement means shared ownership." The owner retains title; the easement holder has a defined right of use.
04
Questions to Ask
- What easements are recorded against this property, and where are they located?
- Does the parcel have recorded legal access to a public road?
- Who is responsible for maintaining shared access?
- Do any improvements encroach on an easement?
- Are there utility or ditch easements that affect building locations?
05
Related Reading & Resources
The most successful real estate decisions often involve collaboration between several professionals working toward the same goal. Understanding each person's role helps you ask better questions and make more confident decisions.
06
Other Title Terms
- Title SearchThe research process that traces recorded ownership and identifies documents affecting a property's title.
- Title CommitmentThe document that sets out what the title company found and the terms on which it would insure title.
- Title InsuranceCoverage designed to protect against certain covered defects in title that existed before the policy was issued.
- Owner's PolicyThe title insurance policy that protects the buyer's ownership interest rather than the lender's loan.
- Lender's PolicyThe policy a lender requires to insure the validity and priority of its lien.
- EscrowThe neutral holding and disbursement of funds and documents according to the parties' written instructions.
Questions About the Closing Process?
Closing on a property involves many moving parts, from title research and escrow to signing documents and recording ownership. I'd be happy to help you understand the process, answer your questions, and connect you with experienced title professionals as you prepare for your transaction.
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