Easement

In depth

Easements are non-possessory interests allowing one party (the dominant tenement) to use another's property (the servient tenement) for a specific purpose. Common types include utility easements, access easements, and drainage easements. Easements run with the land and bind future owners. Misconception: easements are not always documented; prescriptive easements arise from long-term, open, and continuous use without permission. Practically, FSBO sellers must disclose known easements, and title searches reveal recorded ones. Easements affect property value, building setbacks, and use. Buyers should check title reports for easements and walk the property to identify visible signs of unrecorded easements like trails, utility poles, or shared driveways. Removing or relocating easements requires negotiation with the easement holder, often costly.