What Is an Easement? How Easements Affect Building Permits

Easement: A legal right held by a party other than the property owner to use a specific portion of a property for a defined purpose, such as utility access, drainage, or pedestrian passage, which typically runs with the land and restricts construction within the easement area.

Common Types of Easements

Utility easements are the most common, giving utilities the right to install and maintain underground pipes, cables, and overhead lines. Building over a utility easement is generally prohibited — the utility company needs access to maintain and repair infrastructure.

Drainage easements allow water to flow across a property and prohibit structures that would obstruct drainage. Common in low-lying areas and neighborhoods with engineered drainage systems.

Access easements give a neighboring property the right to cross your land for access — common for landlocked parcels. Nothing can be built that would block this access.

Conservation easements restrict development on land with environmental or scenic value, often permanently.

Easements and Building Permits

Building permits will not be issued for structures proposed within easement areas without explicit approval from the easement holder. Plan examiners check site plans against known easements on record. Even if a building department misses an easement during plan review, construction within an easement can be ordered removed at the owner's expense if the easement holder objects.

Finding Easements on Your Property

Easements are recorded in the county recorder's office and typically appear in a property's title report. Your property survey may show easements graphically. Review your title insurance policy and deed documents carefully — easements in gross (benefiting a utility company rather than a neighboring property) don't always appear on surveys. When planning a project near property boundaries or utilities, obtain a current title search to identify all encumbrances.

Frequently Asked Questions

Generally no — a fence that obstructs access to or use of an easement violates the easement holder's rights. Some easements (like utility easements) allow fencing with gates that maintain access. Get explicit written permission from the easement holder before building any structure within an easement area.

The easement holder can demand removal of the structure at your expense. If you refuse, they can seek a court order. Building over a utility easement can also result in significant damage costs when the utility needs access — you may be responsible for repair costs even if the utility damages your structure.

Yes, particularly access and drainage easements that restrict use of significant portions of a lot. Utility easements on a small strip at the rear of a property have minimal impact on value. Easements that prevent desired construction — a driveway, a pool, an addition — can meaningfully reduce what a buyer would pay.