Property Easement: What Does It Mean for Your Home Build?
Key Takeaways A property easement allows another person or entity to use part of your land for a specific purpose.Utility, access, drainage, and conservation... If you’re buying land or getting ready to build, a property easement is something you’ll need to understand before deciding exactly where your... Having an easement on your land doesn’t necessarily mean you can’t build there, but it can affect how much of the property is actually usable for... What Is a Property Easement? A property easement is a legal right that allows someone other than the property owner to cross or use a specific area of the property for a... An easement doesn’t mean someone else owns that portion of your property. You’ll still own the land, but your use of that area can be limited by... The houseA garageA drivewayFencesLandscapingA septic systemUtility linesOutdoor structuresRetaining wallsOther permanent improvements However, the actual restrictions depend on the terms and purpose of the specific easement. What Are the Most Common Types of Property Easements? Not every easement works the same way. Understanding what type of easement affects the land helps determine what it means for your building plans. Utility Easement A utility easement allows a utility provider to access a designated part of the property for infrastructure such as water, sewer, electricity, gas,... Utility easements are common on residential properties. They may run along the front, rear, or sides of a lot depending on where utility... Access or Right-of-Way Easement An access easement may allow another property owner to cross your land to reach their property. For example, if a neighboring parcel doesn’t have... Drainage Easement A drainage easement is intended to preserve access or space for water drainage. Depending on the property, that could involve a ditch, drainage... Tennessee transportation guidance notes that permanent drainage easements can remain privately owned while restricting uses that would interfere... Conservation Easement A conservation easement places restrictions on land to protect environmental, historic, scenic, agricultural, or similar resources. These can be... If you’re considering a property with a conservation easement, you’ll want to understand its terms carefully before assuming you can build on or... How Can a Property Easement Affect Where You Build? A property easement can reduce the portion of your lot that’s available for certain improvements. Imagine you have a large property with plenty of acreage. On paper, it may appear that you can place the home almost anywhere. But once you account... An easement can affect decisions such as: Where the house sitsWhich direction the house facesHow wide the driveway can beWhere the garage is locatedWhere utilities enter the homeWhere... Can You Build on a Property Easement? Whether or not you can build on a property easement depends on the easement language. Sometimes restrictions allow certain uses, while other... For example, Tennessee transportation guidance explains that land within certain easements can remain the property of the owner, but the owner’s... Because easements vary, you should review the recorded documents to determine where you can and can’t build. If an easement crosses the part of the... How Do You Find a Property Easement Before Building? You don’t want to discover an easement after your home layout has already been planned. Easements can appear in several property documents, including: Property surveysPlatsDeedsTitle documentsRecorded easement agreementsCounty property records A current survey can show where recorded easements lie in relation to property boundaries and the proposed homesite. If you’re purchasing land, ask... Property Easement vs Setback: What’s the Difference? A property easement and a building setback can both affect where you place a home, but they aren’t the same thing. An easement gives someone else a... A property lineA roadAnother structureA septic areaCertain natural features A property can have both setbacks and easements, so they should be considered together when identifying the usable building area. Does a Property Easement Ever Go Away? Property easements don’t necessarily go away. Some easements are permanent and can remain tied to the property even when ownership changes.... Other easements may be temporary or have conditions under which they can end. Because the terms vary so much, you should review the actual recorded... What Should You Check Before Building on Land With an Easement? If you already own land with an easement, identify exactly where it is before making major site decisions. Here are a few things to look into: Locate the easement on your survey or platDetermine what type of easement it isFind out who holds the easement rightsReview what activities are... If there’s any uncertainty about the legal meaning of an easement, speak with a real estate attorney or other qualified professional. Build a Home That Works With Your Property A property easement doesn’t automatically prevent you from building your dream home, but it can impact where your home, driveway, utilities, and... At Red Door Homes, we help families across East Tennessee look at the entire property when planning a new home. Whether you already own land or... Ready to start planning? Browse Red Door Homes floor plans or contact our team to talk about building your new home in East Tennessee. Property Easement FAQs Can a property easement stop you from building? A property easement can limit where you place structures if the proposed construction would interfere with the rights granted by the easement.... Does a property easement mean someone else owns part of my land? Not necessarily. You may still own the property covered by the easement, while another person or entity has specific legal rights to use or access... How do I know if my property has an easement? A property easement may appear on a survey, plat, deed, title documents, or other recorded property records. Reviewing these documents before... Can a utility easement affect where I build my house? Yes, a utility easement may affect where permanent structures can be placed if construction would interfere with utility infrastructure or access.... Can an easement affect where my driveway goes? Yes, an easement can affect driveway placement, especially when the property has shared access, a right-of-way, utilities, or drainage features.... Should I buy land that has a property easement? Land with a property easement can still be a good homesite, but you should understand exactly what the easement allows and how it affects your...