What Is a Public Easement in Real Estate?

A public easement is a legal right that allows the general public—not just specific individuals—to use a portion of private land for a designated purpose. Public easements are commonly used for sidewalks, utility access, beach entrances, roadways, and other areas that must remain accessible to everyone.

How a Public Easement Works

Public easements are typically created by governments or utility companies to ensure public access or infrastructure maintenance. Even though the land may still be privately owned, the public has legally protected rights to use the easement for its intended purpose.

  • Allows use by the general public, not just specific individuals
  • Often established by government authority or long-term public use
  • Recorded in property records as part of the land’s legal description
  • Owner cannot obstruct or restrict the public’s lawful use

Example of a Public Easement

A beachfront property owner has a strip of land that includes a public pathway leading to the ocean. Even though the land is privately owned, the public has a public easement allowing anyone to use the pathway for beach access.

Public Easement vs. Private Easement

  • Public easements allow access to anyone, regardless of ownership
  • Private easements benefit only specific individuals or parcels
  • Public easements are often created by government action or long-standing use
  • Private easements are negotiated between property owners and are more limited in scope

Selling a Property with an Easement?

Maximize exposure and save thousands with a flat fee MLS listing. Reach buyers on Zillow, Realtor.com, and the MLS.

View Flat Fee MLS Plans →