Easements: What They Are & Why They Matter When You Own Property

Did you know you can own a piece of property… and still have part of it that isn’t solely for your own use? Or that you might have the right to use a portion of someone else’s land?
Yep—both can happen, and it all comes down to something called an easement.

An easement is simply a legally defined right that allows another individual, business, or government entity to access or use a specific part of your property for a particular purpose.

Why Easements Exist

If you own land, you might allow a neighbor, utility company, or government agency to use a portion of it for something very specific—like a shared driveway, access for a road, water rights, or space for utilities. These agreements keep things running smoothly and help properties function the way they should.

How Easements Are Created

Easements can come about in two main ways:

• Express Easement: This is the official kind—written down, recorded, and part of your property’s legal documents.

• Implied Easement: A verbal or informal agreement based on use or necessity.

Affirmative vs. Negative Easements

• Affirmative Easement: Gives someone else the right to use a portion of your property (think: a driveway shared between neighbors).

• Negative Easement: Limits what you can do on your land—usually to preserve natural features or protect a neighbor’s views, sunlight, or access. These are often used to protect scenic areas, historic land, or to keep property values steady.

Private vs. Public Easements

A private easement is between property owners. It might be as simple as letting the neighbor’s kids fish in your pond or as formal as granting driveway access. Some transfer with the property, and some don’t—unless the agreement specifically says so.

A prescriptive easement can happen when someone uses a portion of land openly and continuously for a long period (often around 10 years depending on the state). Think of a beach path that neighbors have used forever—eventually it can become legally recognized even if ownership changes.

A public easement, on the other hand, is for the greater good. Sidewalks are the perfect example: they let the public walk safely, but they don’t give people permission to wander into your yard or your home.

Utility Easements

These are super common. Utility companies may need access to run water lines, sewer, electric, gas, or internet. Once utilities are in place, property owners can’t block access. That’s why you may see crews working in a yard—they’re legally allowed to be there.

Easements That Stay With the Property

An easement appurtenant is permanent. It “runs with the land,” meaning it transfers to new owners when the property is sold. This often shows up when someone’s land is only accessible by driving across a neighbor’s property or when a property backs up to a public space.

And even though we sometimes hear “private beach,” many coastal states allow public access up to the tide line. Property rights and public rights meet in the middle—which can get tricky if visitors disrupt the peace or cross into truly private space.

Buying a Home? Easements Matter.

As a buyer, you’ll want to know:

• Does the property have easements?

• Are you the one using the easement?

• Or are you granting access to someone else?

The property that uses the easement is called the dominant estate.
The property that grants the easement is the servient estate—think of it as “serving” access.

How to Find Out If a Property Has an Easement

Here’s where to look:

• The legal description of the property

• County records or the county clerk’s office

• A professional land survey

• A title search

• Utility companies (they know where their lines run)

• Zoning or planning departments

• The warranty deed, if you're already under contract

• A real estate attorney for final confirmation

Easements aren’t automatically a bad thing—they’re just part of understanding exactly what you’re buying or selling. And when you know what you’re looking at, you can make confident, informed decisions.

If you ever have questions about easements on a property here in Indiana, I’m always happy to help walk you through it—tie dye style, simple and stress-free.