Easements & Rights of Way

What is an easement or right-of-way?
An easement or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner’s property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner’s use of the affected portions of land.

For example, if you own property and a utility company has a main gas line passing under your land, it is likely that they will have a registered easement that will guarantee them access to the line and restrict uses or activities that would hamper such access or cause safety concerns.

Easements and rights-of-way are usually recorded in the appropriate County Clerk's Office. They remain with the land and are automatically transferred from one owner to another as the land is sold. Easements remain on the title until the holder of the easement relinquishes the rights.

An easement or right-of-way usually describes a particular portion of property, and although not visible on the ground, provides an area of access to the holder of the easement or right-of-way.

Easements and rights-of-way are very common. Most urban and many rural properties are subject to easement or right-of-way agreements.