If you're buying land, planning construction, or working on a development project, you may come across the term “easement.” It might sound like legal jargon, but understanding easements is essential for protecting your property rights—and avoiding costly surprises down the road.
At RSP Engineers, we review easements during site planning to help clients understand how they may limit construction or impact land use. In this article, we break down what easements are, how they work, and why they matter for homeowners, developers, and builders.
What Is an Easement?
An easement is a legal right for someone other than the landowner to use a portion of the property for a specific purpose. It doesn’t transfer ownership—it simply grants access or usage rights.
Common easements include:
Utility easements (electric, water, sewer lines)
Drainage or stormwater easements
Driveway or access easements
Conservation or environmental easements
Easements for public paths or sidewalks
How Are Easements Created?
Easements are typically established in one of the following ways:
Recorded in the property deed or plat during subdivision or sale
Granted by agreement between two property owners
Imposed by law (such as utility access)
Established over time through long-term use (called “prescriptive easements”)
They are usually recorded with the county and remain tied to the land—even when ownership changes.
How Easements Can Affect You
1. They Limit Where You Can Build
You generally can’t build structures (like houses, garages, or pools) over active easements. This includes permanent improvements and sometimes even landscaping.
Civil engineers use recorded easement boundaries to define the buildable area of your lot.
2. They Grant Others Access to Your Land
Utility companies, municipalities, or neighbors may legally enter your property to access their easement rights. For example, the city may dig to repair a sewer line running through your backyard.
3. They Can Impact Property Value
A large or awkwardly placed easement may limit how the property is developed—and affect its resale value or appeal to future buyers.
4. They May Require Special Permitting
If you’re working near or across an easement, your civil engineer may need to coordinate with utility providers, public works departments, or HOAs to get approvals.
How to Find Easements on a Property
To identify easements:
Review the property deed and title report
Look at the recorded survey or plat map
Hire a civil engineer or land surveyor to confirm locations
Contact your local planning department for public easement records
At RSP Engineers, we use this information during site analysis and layout planning to ensure all structures stay within compliant zones.
What If You Need to Build Near an Easement?
In some cases, you may be able to:
Request a variance or special review
Relocate utilities (at your cost and with approval)
Modify or vacate certain easements—though this requires legal and government coordination
Always talk to a qualified engineer or land use attorney before making plans that could interfere with an easement.
Easements Matter—Here’s How RSP Engineers Can Help
We review easements during every site planning project to protect your build area, streamline permitting, and prevent costly mistakes. Whether you’re designing a home, a subdivision, or a commercial site, our team helps you understand exactly how your land can be used.
