An easement is the right for someone to use part of your land for a specific purpose, even though they do not own it. Most properties have at least one, and they are usually harmless, but a few can affect what you can build or how you use your yard. Here is how easements work in Virginia, the common types, and what to check before you buy.
Written by Adam L. Engel, Esq., Principal and real estate attorney at Prime Title & Escrow
What an easement is
An easement is a right to use a defined part of someone’s property for a limited purpose. The owner still owns the land, but another party, a utility, a neighbor, the public, has the right to use that strip for what the easement allows. The classic example is a utility easement that lets the power or water company run lines and reach them for repairs.
The common types
- Utility easements, for power, water, sewer, gas, or cable lines and the access to maintain them.
- Access easements or rights-of-way, which let a neighbor or a landlocked parcel cross your land to reach a road.
- Shared driveway easements, where two properties use and maintain one driveway.
- Drainage easements, which keep a path for water to flow.
- Conservation easements, which permanently limit development on the land.
Easements can be created in several ways. Most are express, written into a deed or a separate document and recorded. Others arise by necessity, when a parcel would otherwise be landlocked, by implication from how the land was used, or by prescription, through long use without permission.
Most easements stay attached to the property, not the owner. That means you inherit a property’s easements when you buy, and they pass to the next owner when you sell. So an access right a prior owner granted a neighbor twenty years ago is still binding on you today. That is why you want to know about them before closing, not after.
How easements show up at closing
Recorded easements turn up in the title search and are listed on the title commitment, which I cover in the title commitment. They are usually shown as exceptions, meaning they are disclosed to you as part of the property rather than something the title policy removes. A current survey then shows you where each easement actually sits on the ground, which is where a survey earns its keep.
Not every easement is recorded. One created by long use or by necessity may not appear in the records at all, and a title policy generally excepts easements that a survey would reveal. That is the practical reason to get a survey on a purchase, especially on land or a property with a shared driveway, so you learn about a use right before it surprises you.
What to check before you buy
For most homes, the easements are routine utility lines and nothing to worry about. The ones worth a closer look are anything that crosses where you want to build, a shared driveway with no clear maintenance terms, or an access easement that brings other people across your property. I read each easement, tell you who can use it and for what, and flag anything that would limit your plans.
How I handle it
In a purchase I pull every recorded easement, review it against the survey, and explain in plain terms what it means for the property you are buying. If an easement is a problem, we can address it before closing, and if you need a new easement or a shared driveway agreement drafted and recorded, I prepare that too. The protection for covered title matters, including some easement questions, comes from your owner’s title insurance policy.
Whether you are buying a property with an easement, dealing with a shared driveway, or need one drafted, I am glad to read it, explain it, and handle the paperwork in Virginia or West Virginia.
Get Your Free Quoteor call (703) 552-4155Frequently asked questions
What is an easement?
An easement is the right to use part of someone else’s land for a specific purpose without owning it. Common examples are a utility company’s right to run lines across a yard, a shared driveway, or a right-of-way that lets a neighbor reach a road.
Does an easement transfer when I sell my house?
Usually yes. Most easements run with the land, meaning they stay with the property through every sale. When you buy, you take the property subject to its existing easements, and when you sell, they pass to the next owner.
How do I find out if a property has easements in Virginia?
Recorded easements show up in a title search and on the title commitment, and a current survey shows where they sit on the land. Some easements created by use or necessity may not be recorded, which is one reason a survey matters.
Can an easement affect what I can build?
Yes. You generally cannot build over a utility or access easement, and an easement can limit where a structure, pool, or addition goes. Before you buy or build, it is worth confirming exactly where any easement runs.
Does title insurance cover easements?
A title policy typically lists recorded easements as exceptions, meaning they are disclosed rather than insured away. Unrecorded easements are usually excepted too, which is why a survey is important to reveal what the records do not show.
What is a prescriptive easement in Virginia?
A prescriptive easement is a use right gained by using someone else’s land openly and continuously without permission for the statutory period, which in Virginia is fifteen years. It is the use-right cousin of adverse possession and may not appear in the records.
This article is general information about easements in Virginia and West Virginia. It is not legal advice for your specific situation, and how a particular easement affects a property depends on its terms and facts. Please confirm the details with me directly.