What an easement is
An easement is a legal right for someone other than the owner to use part of a property for a specific purpose. You still own the land, and you usually pay the taxes on it, but your use is limited. Easements are normally recorded with the county or land records office and travel with the property when it is sold, so you can be bound by one even if nobody told you about it.
Rules and terminology vary by state and country, so use this as a general guide and confirm the details for your lot.
Common types on residential lots
- Utility easements. Strips along the front, rear or sides where power, gas, water, sewer, cable or telephone lines run or may be installed. These are the most common.
- Drainage easements. Areas designated to carry stormwater, often swales, ditches or buried pipes. Blocking them can send water onto neighbors.
- Access easements. Rights for a neighbor, or sometimes the public, to cross part of your land, such as a shared driveway or a path to a landlocked parcel.
- Conservation or view easements. Restrictions on structures or tree removal, usually created by agreement or by a subdivision’s plans.
Some arise informally through long use rather than a written grant, and those can be harder to spot. A lawyer or title professional can advise if you suspect one.
Why easements matter for fences and gates
The holder of an easement generally has the right to reach the area, and may be allowed to dig, trim or remove obstructions. A fence inside a utility easement can be taken down for maintenance, and the owner may be responsible for the cost of rebuilding, though practices vary. A solid fence across a drainage easement can cause flooding and may violate local rules.
Gates are important here. An easement that gives a utility worker or neighbor access may effectively require a gate, a removable panel, or at least no lock that blocks entry. Some utilities need clear room to reach meters or equipment. If you plan to lock a gate, find out whether access must be maintained and how.
Fence materials also matter. Some easements permit lightweight or removable fences and forbid permanent footings or masonry. A fence set in concrete may be treated differently from a simple panel, so ask rather than guess.
How to find easements on your property
- Review the closing documents from your purchase, especially the title commitment and policy, which usually list recorded easements.
- Check the plat map for your subdivision. Easements are commonly drawn as dashed lines along lot edges with a stated width.
- Read your property survey. A recent one typically marks easements it knows about. Our guide to reading a property survey explains the symbols.
- Search county land records, which are often available online or at the recorder’s office.
- Look for physical clues such as green utility boxes, manhole covers, overhead lines, pole stays and drainage swales.
- Ask the utility companies directly whether they hold rights on your lot.
Remember that utility locating tells you where lines are, but it does not tell you the legal width of an easement. Both pieces of information matter.
Setbacks are a separate matter
A setback is a distance from a lot line, street or structure that zoning rules require you to keep clear. It differs from an easement because it comes from local law, not from a right held by someone else. You may face both on the same lot, and the stricter one controls. Checking setback and height limits with your local planning office is a separate step.
If an easement crosses your planned fence line
- Ask the holder in writing what is allowed, and keep the reply.
- Consider moving the fence to the edge of the easement.
- Consider a design that is easy to remove or open, with a gate where access is needed.
- Some holders will sign an encroachment agreement or a consent letter, though they are not required to.
- Avoid planting or building permanent features inside the area until you have answers.
If you build in an easement without permission, you take on the risk of removal and cost. A short conversation beforehand is almost always cheaper. For significant questions, consult a real estate attorney or surveyor in your area, since this article is general information, not legal advice.