Access · Glossary

Easement

Updated 2026-07-18

Easement is a nonpossessory legal right to use another person's land for a defined purpose, such as access, utilities, drainage, or conservation. Its recorded language, location, beneficiaries, maintenance terms, and termination provisions control its practical value.

What it means

An easement may benefit another parcel, a utility, the public, or a specified holder and may be express, implied, or established by other legal doctrines.

Why it matters for land decisions

Easements can provide essential access or utilities, but they can also burden the best building area.

  • Read the complete instrument.
  • Plot it with a survey when material.

People also ask

Does a visible road prove an access easement?

No. Physical use does not by itself establish the scope or legal status of access.

Can a property owner build over an easement?

Often restrictions or holder consent apply. Review the instrument and obtain legal and agency guidance.

Official sources

Related terms

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