What Is an Easement by Estoppel in Real Estate?

An easement by estoppel is a legally enforceable right to use another person’s property that is created when one party relies on a promise, representation, or permission given by the property owner. If the user invests time or money based on that permission, the property owner may be “estopped,” or legally prevented, from revoking the easement.

How an Easement by Estoppel Works

Easements by estoppel arise when a landowner’s words or actions lead someone to reasonably believe they have a right to use the property. If that person relies on the permission—especially by making improvements, spending money, or altering the land—the law may protect their reliance by creating an easement.

  • Created through reliance on a landowner’s promise or permission
  • No written agreement or recorded easement is required
  • Often arises when improvements are made in good faith (roads, driveways, utilities)
  • The easement may become permanent if revoking it would cause unfair harm

Example of an Easement by Estoppel

A property owner tells a neighbor they can build a driveway across their land to reach a public road. Relying on this promise, the neighbor spends money grading the driveway and installing gravel. Later, the owner tries to block access. Because the neighbor made improvements based on permission, the court may grant an easement by estoppel to prevent unfair harm.

Easement by Estoppel vs. Implied Easement

  • Easements by estoppel are based on promises or representations made by the landowner
  • Implied easements arise from historical use or the circumstances of a property’s division
  • Both may be enforced without a written document, but estoppel focuses on reliance and fairness
  • Implied easements rely on previous, continuous use; estoppel requires detrimental reliance

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