How to find out if there are any easements on your property

27 March 2022

Before you buy a home—or build that fence, garage, or pool you've been dreaming about—it's worth knowing exactly what rights other people may have to use parts of your land. Easements can affect where you build, how you maintain your property, and even its resale value. The good news is that with a little detective work, you can uncover most easements before they become a problem.

What Exactly Is an Easement?

An easement is a legal right that allows someone other than the property owner to use a portion of the land for a specific purpose. Common examples include utility companies running power lines across a backyard, a neighbor using a driveway to reach their own lot, or a municipality maintaining a drainage ditch along the edge of a property. Easements "run with the land," meaning they typically stay attached to the property even when it changes hands. That's why discovering them early—ideally before closing—is so important.

Start With Your Title Documents

The first place to look is the paperwork you already have or can easily obtain.

Title commitment or preliminary title report: If you're buying, your title company will issue this document early in the process. It lists recorded exceptions, including easements, that affect the property.
Deed and prior deeds: Recorded easements are often referenced in the legal description or in earlier deeds in the property's chain of title.
PLAT map or recorded survey: These drawings frequently show easement areas, setbacks, and rights-of-way visually, which makes them easier to understand than legal text.
CC&Rs: If your home is in a planned community, the covenants, conditions, and restrictions may grant or describe shared easements.

Reading the Legal Description

Easement documents are written in dense legal language, often referencing "metes and bounds" or recorded instrument numbers. Don't be discouraged if you can't parse it all on the first read. What matters most is identifying who holds the easement, what it allows, and where it sits on the land. If anything is unclear, a real estate attorney can translate it into plain English for a modest fee.

Search Public Records Yourself

Most county recorder's or clerk's offices maintain searchable databases of recorded documents, and many now offer free online access. Search by the property owner's name, the parcel number, or the address. Ask the staff for help if you're new to it—clerk's offices generally won't give legal advice, but they will show you how the search system works. While you're at it, check with the county assessor's and planning offices, since zoning maps and utility filings can reveal easements that don't appear in the recorder's index.

Hire Professionals for a Thorough Review

Even diligent DIY searching can miss things. Two professionals are worth the cost in most transactions:

Title company or title attorney: A full title search traces the property's history back through decades of records and will surface recorded easements, liens, and other encumbrances.
Licensed surveyor: A boundary survey physically locates easement lines on the ground, so you know exactly where you can and cannot build.

A survey is especially valuable if you plan any construction near what might be a utility corridor or shared access route. Discovering an easement after you've poured a foundation is an expensive mistake.

Watch for Unrecorded and Prescriptive Easements

Not every easement shows up on paper. An unrecorded easement may exist through long-standing use—for example, if a neighbor has openly crossed your land to reach a road for many years, they may eventually claim a prescriptive easement under state law. Look for physical clues: worn footpaths, old utility poles, drainage channels, or driveways that cross property lines. Ask neighbors and the sellers directly about any shared or historical use arrangements, and get any answers in writing.

Know Your Rights Once You Find One

Finding an easement isn't necessarily bad news—most are harmless and routine. But understanding the terms matters. Some easements grant broad access; others are narrowly limited. In some cases, easements can be relocated or extinguished by agreement with the easement holder. If an easement is being misused or interferes significantly with your enjoyment of the property, consult a real estate attorney about your options before taking action.

Doing this homework before you buy—or before you build—gives you confidence, protects your investment, and spares you from unwelcome surprises down the road.