ContractsCounsel Logo


Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 7,494 reviews

Jump to Section

Need help with an Easement?

Post Project Now

An easement is a legal right granted to a person permitting the usage or access to another person's property for a specific purpose and a pre-decided duration. Once granted, an easement provides the owner the right to enter the property for a certain use and period as permissible by state law. Easements may impact ownership and restrict what you can do with your property. Let us learn more about easements in the blog below.

Key Factors Governing an Easement

Below are the factors explaining the workings of an easement:

  • Easements are used to describe a formal agreement between the owner of a property and another party, be it a person or an organization.
  • The complainant must pay the owner in accordance with the easement terms and agreement for the right to use the subject of the easement for a certain purpose.
  • Since an easement is specific to the agreement between the two parties involved, easement agreements are established with the owner having the option to terminate the easement and specify the property's specific use.
  • Potential purchasers must be aware of any easements being assessed on the home because these agreements are frequently turned into a land sale.

Types of Easements

There are a variety types of easements, and each can have a distinct impact. The four distinct forms of easements are described in the following overview.

  • Utility Easements: It is established by state or local legislation and allows utility workers access to infrastructure on private properties. Because they grant the utility company authorized access to your land, but only for a defined purpose, utility easements are occasionally referred to as affirmative easements.
  • Private Easements: These refer to the property rights that the land owner may grant to a third party, sell, or develop independently. For example, if your neighbor requests access to your property to set up solar panels. You have the choice to allow access or deny selling a private easement. For instance, whoever you sell the house to in the future may be impacted if you give your neighbor a private easement. Therefore, private easements on a property should always be verified before purchasing a house.
  • Easements by Necessity: Easements are necessary whenever someone needs to access your land. These are made due to the government's long-standing interest in turning the property profitable and are sometimes referred to as access easements. As an illustration, consider living in a rural region where your neighbor is landlocked and must cross your property to get to the road. Your neighbor would have the right of way in this scenario, and an easement would be necessary.
  • Prescriptive Easements: An individual who does not own the underlying property is given a prescriptive easement, a property right. The easement is established due to the well-known use of the property for a duration as permitted by state law. For instance, imagine your neighbor beginning to park in your driveway without your consent. They carry on doing it year after year since you do nothing to stop them. They can acquire access to your property by breaking the law despite how unfair it may appear. This is because the court can interpret your refusal to stop them as a concession on your part.
Meet some lawyers on our platform

Sara S.

40 projects on CC
View Profile

Zachary J.

181 projects on CC
View Profile

Morgan S.

6 projects on CC
View Profile

Ryenne S.

434 projects on CC
View Profile

Methods to Terminate an Easement

Mentioned below are various methods that are used to terminate an easement:

  • Abandoning the Property: You can end an easement if you show that the dominating estate has abandoned the property. Further, you can dissolve the easement and remove the tracks, for instance, if abandoned train tracks pass through your property, but the transportation authority still has an easement on your house.
  • Condemning the Property: By condemning the appropriate property, the government may be able to terminate an easement.
  • Demolition: In some cases, the deconstruction of a building renders an easement unnecessary.
  • Ending Necessity: When a necessity (public road access) is no longer required (for example, when a new road becomes accessible to the subject property), you may terminate the easement.
  • Expiration: If your easement has an expiration date, all that is necessary to terminate it is to do so.
  • Merging the Property: Easements end through a merger when the dominant and servient estates are the same. For instance, if you hold an easement on a lot next to you and buy the lot, the easement will be terminated.
  • Release: An easement may be released by the dominant estate at any moment in writing to the servient estate.
  • Prescription: The servient estate may be able to have the easement removed if they keep the dominant estate from using it for a long enough period.

Tips for Establishing an Easement

  • Listing the Requirements: It might be challenging to obtain permission to utilize someone else's property legally. Outline your request for the landowner's permission, including the size, use, and duration of the portion of their property you wish to use.
  • Communicating with the Property Owner: Inquire about establishing an easement with your neighbor or the nearby property owner. You can agree upon appropriate conditions to use the other party's land if they are amenable.
  • Drafting a Contract: You can create a contract outlining the terms both property owners have agreed upon with the help of a real estate attorney. Work with your attorney to ensure it complies with all state laws governing property transfers and include any necessary information.
  • Getting Contract Notarized: To make the easement agreement legal, have it notarized. It may be less probable that the opposing party will try to break your contract if the signed document is notarized.
  • Recording the Easement: If you've created a written easement, contact your local recorder of deeds office to learn how to record it on the property deed.

Key Terms for Easements

  • Easement Agreement: A legal arrangement known as an easement agreement permits one party to utilize another party's property in exchange for a price.
  • Dominant Estate: The owner of the dominant estate can guarantee that they have access to key resources without infringing on the rights of the servient estate owner by holding onto the rights to a portion of the land.
  • Easement in Gross: An easement that benefits a specific individual or entity rather than a specific property.
  • Servient Estate: A servient estate is a piece of land that benefits another piece of land and is subject to an easement.
  • Affirmative Easement: Grants holder a specific right or privilege, such as the right to access a driveway.
  • Beneficial Enjoyment: The purpose of an easement is to allow the dominant owner to benefit from it in a way that incorporates both explicit and implicit advantages.

Final Thoughts on Easements

It's not always appalling to purchase a house with a property easement. Both the property owner and the easement holder may benefit from various easements. They may, however, also cause problems and limit some property rights. You should carefully examine your prospective property to see what easements it may have to safeguard yourself and your investment.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Easement Lawyers

Richard P. on ContractsCounsel
View Richard
Member Since:
August 19, 2023

Richard P.

Intellectual Property and Privacy Attorney
Free Consultation
Roseville, CA
6 Yrs Experience
Licensed in CA
San Joaquin College of Law

I’m passionate about IP, AI, privacy and business. Learning to code. Book some time to discuss how I can add value to your project. Hablo Español y português.

Brad T. on ContractsCounsel
View Brad
Member Since:
August 21, 2023

Brad T.

Business Lawyer
Free Consultation
Anderson, South Carolina
11 Yrs Experience
Licensed in SC
Charlotte School of Law (Juris Doctorte)

William Bradley Thomas, or Brad, is a seasoned attorney in South Carolina, offering expert counsel to both emerging and established businesses and individuals. His specialties encompass alcohol licensure, asset protection, business law, Counsel on Call Concierge Legal Service™, estate planning, NFA firearms trusts, legal research, and document review. Brad’s unique approach is informed by his rich experience and diverse background. Not only is he a devoted father to three daughters (Anna, Kate, and Jessica), but he also served as the assistant Oconee County, South Carolina attorney. A pioneer in the local industry, he co-founded Carolina Bauernhaus Brewery & Winery, the state’s first farmhouse brewery and winery. His other roles have included membership in the South Carolina Bar Association’s House of Delegates, a board member of the South Carolina Brewers Guild, and an affiliate member of the same organization. Moreover, Brad is a certified Design for Six Sigma (DFSS) Green Belt and has accumulated over a decade’s worth of experience conducting onsite audits and financial analyses on domestic and international secured credit transactions, totaling over $5 Billion across diverse industries. With such a comprehensive skill set, Brad can provide sound legal and business advice that can help you manage and expand your business operations effectively. He can assist with selecting and establishing the most appropriate legal entity for your company, securing and retaining federal and South Carolina alcohol licensure, securing company incentives, and drafting, reviewing, and negotiating favorable contracts. All these services are designed to minimize risk and maximize both earnings and tax savings. Brad also offers estate planning services. Recognizing that life’s ups and downs can sometimes distract from ensuring that your loved ones are well taken care of, Brad applies the same legal and business fundamentals to his estate planning practice. These services include the preparation of wills, NFA firearms trusts (gun trusts), power of attorneys, and advance directives. So when your day at the office is over, you can relax, knowing that your business is running smoothly and your family’s future is secure, thanks to a tailored estate plan. If you’re seeking a trusted ally to guide you in business and personal legal matters, contact Brad Thomas at or review his firms website at and discover how he can help you confidently navigate and enjoy all aspects of your life!

Austin R. on ContractsCounsel
View Austin
Member Since:
August 22, 2023

Austin R.

Free Consultation
1 Yr Experience
Licensed in TX
St Mary's University School of Law

Howdy', I've done employment contracts, software development contracts, and everything else including automotive financing deals and even booth agreements for hair and beauty salons.

Kelynn C. on ContractsCounsel
View Kelynn
Member Since:
August 29, 2023

Kelynn C.

Associate Attorney
Free Consultation
Washington, DC
5 Yrs Experience
Licensed in OH, TX
Cleveland State School of Law

Kelynn was born and raised in Cleveland, Ohio. She attended Spelman College in Atlanta, Georgia where she earned a Bachelor of Arts in Philosophy, and thereafter returned to Cleveland for law school . She earned her Juris Doctor at Cleveland State University - Cleveland Marshall College of Law. During law school, she was active on the Cleveland State Law Review, Student Bar Association, The Dean’s Admissions Committee, and sat on local, regional, and national boards of the National Black Law Students Association. She was also a finalist for the Dean’s Learn Law, Live Justice Award in 2018 upon graduation. She focuses her practice primarily on the representation of insurance defense and general civil litigation. She also worked as a Judicial Staff Attorney managing a civil docket of approximately 250 cases where she researched and prepared the Court’s orders in a variety of practice areas including complex civil litigation, medical malpractice, products liability, tort actions, and consumer actions.

Eddy M. on ContractsCounsel
View Eddy
Member Since:
August 30, 2023

Eddy M.

Business Lawyer
Free Consultation
San Diego and Taipei
29 Yrs Experience
Licensed in CA
University of Michigan Law School

I'm a legal and business professional with extensive experience in online games, media & entertainment, and cross-border transactions. I started my career as an Associate in a Wall Street law firm before taking on in-house roles, while living and working in key markets across Asia Pacific. I'm a commercially-oriented lawyer with management and business experience. I help find practical solutions that balance risks with commercial objectives. I split my time between California and Taiwan, and am able to match my client's schedule in any time zone.

Joe C. on ContractsCounsel
View Joe
Member Since:
August 30, 2023

Joe C.

Associate Attorney
Free Consultation
Dallas, Texas
3 Yrs Experience
Licensed in TX
SMU Dedman School of Law

Born in Dallas, Texas, Joe Craddock represents clients in a range of litigation and transactional matters covering Contracts, Real Property, Oil and Gas, and Construction Defects.

Massa M. on ContractsCounsel
View Massa
Member Since:
August 30, 2023

Massa M.

Free Consultation
2 Yrs Experience
Licensed in MA, MD
Massachusetts School of Law

Highly disciplined attorney with over seven years administrative litigation experience. Capable of analyzing complex research, data, and documentation to prepare and represent individuals in sensitive cases. Recognized as a leader with the ability to perform work both autonomously and collaboratively as a member of a diverse legal team. Great problem-solving skills, strong multitasking capabilities and works well under strict deadlines. A professional with a sense of humor, strong work ethic and ability to build trust across all levels.

Find the best lawyer for your project

Browse Lawyers Now
Easement lawyers by city
See All Easement Lawyers
related contracts
See More Contracts
other helpful articles

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer


Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city