What Is an Easement Deed in Real Estate?

An Easement Deed is a legal document that grants someone the right to use a portion of another person’s property for a specific purpose. Easements do not transfer ownership—only the right to access, cross, install utilities, maintain structures, or perform other limited activities.

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💡 Why an Easement Deed Matters

Easements affect property access, visibility, utility service, and value. Buyers must understand any easements attached to a property because easements are typically recorded on title and remain in place even when the property is sold.

  • ✔ Allows specific use of another person’s land
  • ✔ Remains attached to the property unless released
  • ✔ Common for utilities, driveways, and access roads
  • ✔ Recorded in public records and appears on title
  • ✔ May affect property value and buyer interest

Related: What Is a Cloud on Title?

📌 Common Types of Easement Deeds

Easement Deeds are created for many practical reasons. Some benefit the public, while others benefit a neighboring property or utility provider.

  • Access Easement – Grants a right-of-way to reach a property
  • Utility Easement – Allows installation or maintenance of power, water, gas, sewer, etc.
  • Drainage Easement – Permits flow or management of stormwater
  • Driveway Easement – Shared driveway access between properties
  • Conservation Easement – Protects land from future development
  • View Easement – Protects scenic views from obstruction
  • Ingress/Egress Easement – Allows entering or exiting a property

Related: What Is a Title Defect?

🔎 How an Easement Deed Works

Easement Deeds grant limited rights without transferring ownership. They must be drafted clearly and recorded to ensure enforceability and proper disclosure.

  • 1. Property owner grants an easement to an individual or entity.
  • 2. Easement Deed describes the exact area and purpose of use.
  • 3. Deed is signed, notarized, and recorded with the county.
  • 4. Easement becomes part of the property’s title and remains until legally released.
  • 5. Future owners are bound by the easement.

If an easement is disputed, owners may need a Quiet Title Action .

❗ FSBO Warning: Easements Can Affect Value and Use

Easements can significantly impact how a property can be used. Some easements limit building options, block driveway changes, or allow utility crews to enter the property whenever necessary.

  • May prevent adding structures or fences
  • Can reduce privacy or property value
  • Utility companies may access property at any time
  • Buyers may hesitate if easements are unclear
  • Unrecorded easements can delay closing

Learn more: What Is Title Insurance?

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