Property Rights
Right of Way Easements: What You Need to Know
A right of way easement grants someone the legal right to pass through or access a portion of another person's property.
Access easements are legal agreements that give someone the right to use part of another person’s property for a specific purpose without affecting ownership.
Imagine owning a piece of land that's surrounded by other properties with no direct road or pathway leading to it. How would you get in and out?
That’s where access easements come into play. They provide a clear, legal way for people to navigate landlocked areas, share driveways, or access utilities.
In this blog, we’ll break down what access easements are, why they matter, and common scenarios where they’re necessary. By the end, you’ll have a solid understanding of how access easements protect both property rights and access to land.
Contents
Understanding Access EasementsAccess Easement Examples
Dominant Estate Vs. Servient Estate
Access Easements and Property Value
FAQs
Understanding Access Easements
Easements are legally binding agreements that provide legal rights to a person, utility company, or even emergency services to access or use someone else’s property. These agreements ensure access while respecting the property owner’s rights.
Access easements are a type of easement that establishes a legal framework for fairness by granting limited use of land for a specific purpose, such as reaching a property, sharing a driveway, or accessing utilities.
Easements often “run with the land,” meaning they remain in place even if the property is sold, transferring to the new owner. However, they don’t give the easement holder any ownership rights or permission to alter the property—only to use it as specified in the agreement.
Access Easement Examples
Trail or Path Easements
Trail or path access easements grant individuals the legal right to use designated paths or trails on private property. They ensure access to shared resources or recreational spaces while respecting the property owner's rights.
To prevent potential disputes, these agreements are typically detailed in property deeds or other legal documents.
Landlocked Properties
Landlocked properties— those without direct access to a public road—require easements to ensure owners can reach their land. For example, if your neighbor’s property is surrounded by other parcels, they may need an easement to cross your land to access theirs.
Easement requirements and laws governing landlocked properties vary by state. To navigate these complexities, thorough research or consulting a real estate professional is highly recommended.
In many states, owning a landlocked property is prohibited. Regulations often require some form of access, whether through an easement that allows crossing a neighboring property or via road construction mandated by the local or state government.
Right-of-Way
A right-of-way is a type of easement that grants permission to cross private property to access a public area.
There are two types of right-of-way easements:
- Private Right-of-Way: Grants a specific individual the right to cross private property. In cases of landlocked properties, a private right-of-way may allow someone to use a property’s private roads to access a public road or their own property.
- Public Right-of-Way: Allows multiple people to travel through designated parts of a private property, such as granting public access to a private road to reach a public area.
Utility Companies
Government agencies and utility companies rely on easements to build and maintain critical infrastructure such as public roads, water meters, and power lines, as well as to provide other essential services.
These easements grant legal rights to perform necessary activities without requiring repeated permission from property owners, ensuring uninterrupted service and maintenance.
Rights-of-way are a common type of easement used by these entities to access properties for infrastructure upkeep or utility delivery.
To establish clarity and permanence, utility easements are typically tied to the land itself and documented in property deeds.
Dominant Estate Vs. Servient Estate
- Dominant Estate: This refers to the property that benefits from the easement. For example, a neighbor who uses your private road to access their land holds the dominant estate.
- Servient Estate: This is the property burdened by the easement, meaning the owner must allow the dominant estate to use a portion of their property, such as granting access to a private road.
Access Easements and Property Value
Access easements generally have minimal effect on a property’s value, but they can deter certain buyers.
For properties with access easements that allow individuals to cross private land or roads, the perceived inconvenience may lead to a slight decrease in value due to reduced buyer interest.
However, the impact varies depending on the type of easement. For instance, conservation easements, which often restrict land development and use, tend to have a more significant effect on property value.
In contrast, easements with limited restrictions, such as granting a neighbor minor access rights, are less likely to hinder value.
Frequently Asked Questions
How do I get an access easement?
A: To secure an access easement, start by contacting the property owner of the land where the easement is needed. If the owner is open to negotiating terms, the next step is to have an agreement drafted and formalized with the assistance of an attorney.
Once both parties sign and finalize the agreement, it must be recorded at the county recorder’s office. This step is crucial to make the easement legally binding and ensure it becomes part of the public record.
What if my neighbor says no to an easement agreement?
A: If neighboring property owners are unwilling to negotiate easement or right-of-way terms, you may need to pursue a court-granted easement by necessity. In such cases, consulting with an experienced real estate attorney is essential to navigate the legal process effectively.
What is the difference between access easements vs. rights-of-way?
A: Access easements are more specific and private, typically limited to individuals or utility agencies, while a right-of-way often serves broader public or governmental needs, allowing multiple people or entities to cross a property for transportation, infrastructure, or public access.
Final Thoughts
Access easements provide fair and legal solutions for reaching property while fostering balance and cooperation between landowners. Whether it’s a shared driveway, a landlocked property, or utility access, these agreements establish clear guidelines and structure to prevent disputes and ensure mutual understanding.
A clear understanding of access easements empowers landowners and potential buyers to make confident, informed decisions about property ownership and use.
