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Easements + rights of way — how the legal markings on your survey actually affect what you can build
Almost every US parcel has at least one easement: a legal right granted to a third party to use part of your land for a specific purpose. Easements appear on the title commitment and (if mapped) on the survey, but most buyers skim past them. Understanding what you can build vs not build is what separates a successful renovation from a teardown order.
Published 2026-04-25 · Last reviewed 2026-05-16 · methodology
The 6 most common easement types
Utility easement: most common. Power lines, gas pipe, water mains, sewer lines, cable/fiber. Typically along front, side, or rear lot lines. Width: 5-20 feet. Restriction: no permanent structures; trees + landscaping usually OK but utility company can remove without compensation.
Drainage easement: storm-water runoff path. Often crosses the lot or along property edges. Restriction: no grading or filling that changes water flow. Building over often denied.
Ingress/egress (access) easement: legal right for a neighbor or landlocked parcel to cross your land to reach a public road. Cannot be blocked; can sometimes be relocated if neighbor consents.
Conservation easement: voluntary restriction giving up some development rights in exchange for tax benefits. Usually held by a land trust. Survives sale forever — buyer inherits all restrictions.
Solar easement: protects neighbor's solar-panel exposure; limits height of structures + trees on your parcel. Newer in CA/HI/MA.
Prescriptive easement: NOT recorded; established by continuous open use over 5-20 years (state-varying). A neighbor's gravel driveway across your corner could ripen into a prescriptive easement if used long enough.
Reading the title commitment
Title commitment Schedule B-II lists easements + restrictions affecting the parcel. Each entry references a recorded document (book/page or document number).
Critical move: actually read the underlying recorded document, not just the Schedule B summary. Easements granted 50 years ago may include forgotten restrictions on building heights, setbacks, or material types.
If something doesn't appear on Schedule B but is visible on the ground (a path, a fence, a utility pole), ask seller for explanation. Could be a prescriptive easement in progress.
Reading the survey
Plat / parcel survey shows ALL recorded easements + dimensions. Look for: dashed lines (easements), labeled corridors (utility), elevation arrows (drainage).
Build-envelope calculation: parcel area MINUS setback area MINUS easement area = actual usable footprint. A 0.25-acre lot can effectively shrink to a 0.15-acre buildable area once easements + setbacks are subtracted.
If your renovation/addition plans encroach on an easement, the easement holder can demand removal even years later. Always design within the easement-cleared zone.
Negotiating around problem easements
Easement release: ask the holder to formally release. Utility companies sometimes agree if line is abandoned. Conservation easements: nearly impossible to release.
Easement relocation: ingress/egress can sometimes be moved with neighbor consent + recording fee. Drainage easements: depends on state engineer approval.
Title-insurance enhanced coverage: ALTA Homeowner's Policy covers some easement defects + adverse claims. Standard policy doesn't. Worth the $200-$500 upgrade for properties with complex title history.
What zipradar shows
Deed records at /topic/deed-activity/[zip]/ — but easements are usually recorded as separate instruments, not as deed transfers. Pull title commitment from your title company for full disclosure.
Zoning at /topic/zoning/[zip]/ shows setbacks; easements layer on top of zoning restrictions.
Cross-reference /learn/zoning-codes-r1-c2-m1-explained/ + /learn/zoning-special-overlays-historic-flood-environmental/ for related buildability constraints.
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