Sell Land
5 Simple Ways You Can Use Custom Maps as Marketing Materials
Custom maps aren't just for listings. Here are a few ideas on how you can use custom maps to attract more buyers.
Learn about the types of easements you may encounter while exploring properties to purchase.
Landowners and developers should always consider a property’s easements when purchasing or developing land. An easement can significantly impact a given property's land use and value. For an in-depth guide to many easement-related factors, check out our guide to property easements.
Here is a reference guide for the easements you may encounter while exploring properties to purchase.
Contents
Utility Easement
A utility easement is for placing power lines, water pipes, gas lines, or telecommunications cables on private property. They are granted to utility companies to install and maintain infrastructure. Utility easements can be for public utility companies or private utilities like cable and internet providers.
Since utility easements are considered a public need, landowners cannot refuse them. The property deed records them, so they stay in effect even when the property changes ownership.
Landowners can still use the area within the easement if it does not interfere with utility access. For example, landscaping might be allowed, but installing permanent structures within a utility easement may not.
If you are concerned about the impact on your property, you may be able to negotiate the easement and minimize disruptions with the help of a legal professional.
Drainage Easement
Drainage easements provide legal access to maintain or manage stormwater drainage on a property. These easements are crucial in residential areas and developments to ensure the proper flow of runoff water and prevent flooding. The local government or a drainage district holds drainage easements, allowing them to maintain drainage systems or remove debris when necessary.
You usually see drainage easements along creeks, ditches, or retention ponds. Property owners may have restrictions on landscaping or building within these areas.
Access Easements
An access easement or easement by necessity is an agreement between private property owners if one of their properties does not have access to public roadways. For example, if your neighbor’s property did not have access to a public road and is landlocked, they may be granted access to use your private driveway.
This easement runs with the land, so it transfers to new owners if you sell the property. However, they are only valid while the conditions that made them necessary stay the same. Using the same example from above, if a public road is built to give access to your neighbor’s property, the access easement is no longer necessary.
Right-of-Way Easement
A right-of-way easement gives multiple parties or the public the right to pass through a property. Public roads, driveways, or pathways that cross through private property use this easement. For example, if a public road passes through private land, it is not for the sole use of the landowner — everyone has the right to use it.
Right-of-way easements also have recreational uses, like providing access to a hiking trail or boat launch, or giving people access to public land via a private roadway or pathway.
Conservation Easement
Conservation easements protect land for environmental reasons, limiting land use to preserve natural resources for the public good. These easements are granted by landowners to conservation organizations or government agencies and are often permanent.
A conservation easement can restrict activities like building structures, timber harvesting, or land division. Landowners can continue using their property for agriculture, recreation, or other purposes if they align with conservation goals. The property owner may receive tax benefits in return for agreeing to the easement since limiting development on their land contributes to a public good by protecting wildlife habitats, natural landscapes, and other valuable resources.
Scenic Easements
A scenic easement is technically a conservation easement with the express goal of preserving a view or the property’s natural beauty. It may affect neighboring properties and the airspace above the land.
Frequently Asked Questions
Q: How do I know if a property I’m interested in has an easement?
A: A title search on the property should inform you about any easements. That being said, not all easements get recorded, either because the easement is in the process of being created or the easement was established and never recorded. You should always consult with a real estate attorney if you’re concerned about an easement.
Q: How do easements impact property ownership?
A: Easements can impact land value, development potential, and property rights. Checking property records or consulting a real estate attorney can help clarify easement-related questions.
Q: Can I refuse an easement?
A: Depending on the type of easement, you may be able to block it. However, if a utility company requests a new easement, you can negotiate compensation or specific terms but rarely can outright deny the easement if it’s legally required and deemed for the public benefit.
Q: Can I overturn an easement?
A: You should consult a property lawyer to assist you if you believe a non-property owner is using an easement not as initially intended or if the easement is no longer necessary. You may be able to petition to have the easement removed.
Final Thoughts
Understanding easements is vital for landowners and developers alike. Each type of easement serves a distinct purpose and has different implications on property rights and value. Whether you’re dealing with conservation, utility, drainage, or right-of-way easements, knowing how they work will help you make informed decisions about your property.
Always review easements before purchasing land by ordering a title search, and consult legal professionals to clarify any concerns or restrictions.
By understanding easements and their purposes, you can protect your property rights and effectively manage your land for the future.
