Understanding Easements in Renovations and Construction

• Questions to answer

Easements are legal rights granted to someone other than the property owner to use a specific portion of land for a specific purpose. They can have a significant impact on how you can use and develop your property, so it's essential to understand them whether you are purchasing land for a new custom home or considering a major renovation project.

Utility easements¶

These are common and usually granted to utility companies, allowing them to install and maintain infrastructure (such as power lines, water pipes, or sewer lines) on a portion of your property. Utility easements may limit where you can build on your land, as you typically cannot construct buildings or other structures within the easement area.

Access easements¶

Also known as "right-of-way" easements, access easements grant someone the right to cross or use a portion of your property to access another property. For example, if your land is between a public road and a landlocked parcel, the owner of the landlocked parcel may have an access easement to cross your land to reach their property. This type of easement can impact your privacy and the layout of your property.

Conservation easements¶

These easements restrict the property owner from developing certain parts of their land to protect natural resources or preserve the land's historical, cultural, or environmental value. Conservation easements may limit the size or location of your custom home or potential expansion during a renovation.

Drainage easements¶

These easements allow for the natural flow of water across your property, such as in the case of a stream or runoff. They may restrict where you can build or landscape, and they could also affect major renovation plans, as you typically cannot alter the land's natural drainage patterns.

Important Considerations:¶

Identify existing easements

Before purchasing land, starting construction, or planning significant renovations, obtain a title report and review the property's survey to identify any existing easements. This information can help you understand any limitations on land use and building or renovation placement.

Negotiating easements

If you need to grant or obtain an easement (e.g., to access your property or for utility connections), work with a real estate attorney to draft a legal agreement outlining the easement's terms and conditions. This agreement should be recorded with the local land records office to ensure its enforceability.

Maintaining easements

As a property owner, you may have certain maintenance responsibilities for easement areas, such as keeping utility easements clear of obstructions or ensuring proper drainage. Be sure to understand your responsibilities and the rights of the easement holder to avoid disputes.

Understanding easements is an essential step in the land purchase, home building, and home renovation process. Be sure to identify and address any easements that may impact your project to ensure a smooth and successful outcome.

Questions to answer¶

• Have you reviewed the title report and property survey to identify any existing easements on your land? Are there any utility, access, conservation, or drainage easements that may affect your plans?

• If you need to grant or obtain an easement, have you consulted with a real estate attorney to draft a legal agreement? Have you recorded the agreement with the local land records office to ensure enforceability?

• Do you understand your maintenance responsibilities for any easement areas on your property? Are you aware of the rights of the easement holder and how to avoid potential disputes?

• How will any existing easements impact your privacy, property layout, and building plans? Have you considered alternative designs or solutions to accommodate these limitations?

• Are there any potential future easements that may affect your property? How can you prepare for or address these situations?