If you’re in the process of buying a property, you’ve probably heard about easements. But, if you feel a little bit lost and are wondering what are easements, this post by Port Jefferson Abstract & Title Co. in Jefferson, TX will tell you all there is to know.

When purchasing a home, most buyers focus on the price, location, and condition of the property. However, one crucial legal aspect often overlooked is easements—rights that allow someone else to use a portion of your property for a specific purpose. Understanding easements before closing on a home can help you avoid surprises and potential legal disputes. Read on to understand what are easements and how they affect your homebuying process.

Call Port Jefferson Abstract & Title Co. in Jefferson, TX, at (903) 665-2583 to answer all your questions regarding the homebuying process.

What Are Easements?

An easement is a legal right that allows a person or entity to use another person’s property for a defined purpose, even though they don’t own it. Easements don’t grant ownership—they simply allow access or use under specific conditions.

For example, utility companies may have an easement to run power lines through your backyard, or a neighbor might have the right to cross your driveway to reach their property. These legal rights remain attached to the land, meaning they transfer with ownership when a property is sold.

Types of Easements Homebuyers Should Know

Before buying a home, it’s important to understand the different types of easements that may affect your property.

1. Utility Easements

Utility easements give companies access to a property to maintain or install services like electricity, water, gas, or sewer lines. These easements are often required by law and recorded in public records.

Homebuyer Impact:

• You cannot build permanent structures (such as a garage or pool) over a utility easement without permission.
• Utility companies can access your property for maintenance, which may involve digging up portions of your yard.

2. Private Easements

A private easement benefits a specific individual or property owner. The most common example is a shared driveway easement, where one homeowner needs to cross another’s land to reach their home.

Homebuyer Impact:

• If you buy a home with a shared driveway easement, you must allow access to the other party.
• Disputes can arise over maintenance costs, so it’s best to have a written agreement in place.

3. Prescriptive Easements

A prescriptive easement occurs when someone has used another person’s property openly, continuously, and without permission for a legally defined period (which varies by state). If unchallenged, they may gain the legal right to continue using the land.

Homebuyer Impact:

• If a neighbor has been using a path through your yard for years, they might have acquired a prescriptive easement.
• These can lead to legal disputes if you want to block access after purchasing the property.

4. Easements by Necessity

These easements arise when a property is landlocked, meaning the owner has no access to a public road without crossing another person’s land. Courts can grant an easement by necessity to allow access.

Homebuyer Impact:

• If your property provides the only access to another home, you may be legally required to allow passage.
• This can impact privacy and security, especially if multiple people use the easement.

5. Conservation Easements

Conservation easements are legal agreements that restrict development to protect natural resources or historic land. These easements are usually put in place by government agencies or nonprofit organizations.

Homebuyer Impact:

• If a conservation easement exists, you may be limited in how you use or develop certain areas of your property.
• They can preserve scenic views and green spaces, but also restrict land use permanently.

Call Port Jefferson Abstract & Title Co. in Jefferson, TX, at (903) 665-2583 to guarantee a safer and more successful real estate process.

How to Find Out If a Property Has an Easement

Before purchasing a home, you should check for easements to avoid future conflicts. Here’s how:

1. Title Search – Your title company will review property records to identify recorded easements.
2. Survey Report – A land survey can reveal easements not always visible in legal documents.
3. County Records – Many easements are filed with the local county recorder’s office.
   Home Inspection & Disclosure – Sellers must disclose known easements, but it’s wise to verify independently.

Can You Remove or Modify an Easement?

Easements generally stay with the property and are difficult to remove. However, there are some exceptions:

• Negotiation – If the easement benefits a neighbor, you can try to negotiate an agreement to modify or remove it.
• Abandonment – If an easement is no longer used for its intended purpose (e.g., an old utility line was removed), you may be able to request its termination.
• Legal Action – In rare cases, a court can terminate an easement if it’s no longer necessary or was improperly created.

Call Port Jefferson Abstract & Title Co. in Jefferson, TX, at (903) 665-2583 for a professional title search and services that can protect your investment.