Is an easement included in the area of a property?
Help me understand... what is an easement? Do I own that land? Is an easement included in the area of a property? Can I use it like it's my land? Thanks!
Asked by Jessica | Newberry, FL| 02-06-2023| 2,000 views|Terms & Definitions|Updated 3 years ago
An easement is usually established when a subdivision is created for the purpose of utilities to run from one parcel to another. Yes you do own the land the easement runs through but utility companies would have the right to access it if need be. No permanent structures should be built in an easement but you can put up a fence as long as you are aware that for some reason they need to take down a section to get a truck in there, they can.
Hello Jessica,
An easement is part of the property. However, it must accessible to the party that uses the easement. You can not put a fence through the easement or plant trees/shrubs on the easement making it inaccessible. An example is a utility easement. If a utility company, such as Florida Power, has a utility easement on your property. This easement is used in times of power shortages or other types of situations. I hope this answers your questions.
Jennifer Lee, Campus to Coast Realty
You own the land, but someone else has the right to use a specific portion of it for a specific purpose. That's an easement.
The most common type is a utility easement. The electric company, water department, or cable provider has the right to access a strip of your property to maintain their lines, pipes, or equipment. You still own that land. It's still part of your property's total square footage and lot size. But you can't build a permanent structure on it, and the utility company can access it whenever they need to without asking your permission.
Other types include drainage easements, which allow water to flow across your property as part of the neighborhood's drainage system. Access easements, which give a neighbor or the public the right to cross your property to reach theirs, usually when there's no other way in. And conservation easements, which restrict what you can do with a portion of your land to protect natural resources.
The easement is included in your property's total area. When you look at your lot size on a survey or tax record, the easement area is part of that number. You own it. But your use of it is limited by whatever rights the easement grants to the other party.
What you can typically do on an easement is use it for normal yard purposes like grass, landscaping, or a garden. What you typically cannot do is build a fence, shed, pool, addition, or any permanent structure that would interfere with the easement holder's access or purpose. If you build something on an easement and the utility company needs to dig, they'll remove whatever you built and you're paying to replace it, not them.
Before you buy any property, review the survey and title report carefully to understand where the easements are and what they allow. Your agent and title company can walk you through what each one means for your specific property.
An easement is a type of nonpossessory interest in land, conferring a right to certain actions or uses of the land to another party. Easements can be either positive (to do something) or negative (to limit something). Examples of easements include rights of way, access, support and light.
An easement grants someone else the right to use a part of the property located within the boundary lines of your land. You own it but you are granting access. Easements are for many reasons and sometimes are needed or requested long after you purchased your property because something needs to happen for the greater good of others.
An easement is on your property such as a utility company needs to access wires or put some on your property. The state also has an easement along the road in front of homes so if the road needs widened they can do it. Yes, you can use the property
In addition to "utility" easements, many times there may be an easement created to allow for access to and from a land-locked property. The easement would allow for a driveway to the land-locked property, but when purchasing a property that is land-locked, be certain that the access/driveway easement is recorded on the deed as an "Easement Appertennant." An appurtenant easement is a type of easement that still applies to a property even if the owners change. It is sometimes referred to as "running with the land". If the easement is not recorded properly, the easement can no longer be valid when the property is sold. Always check with your closing attorney to ensure your easements are recorded properly on your deed. If not, it may take time and legal costs to correct or re-establish an easment for access to the property.
An easement is a legal right that lets someone else use a portion of your property for a specific purpose. The most common examples are utility easements, where a power or gas company can access part of your yard to maintain lines, and shared driveway easements between neighbors. You own the land, but you can't block or interfere with whatever the easement allows.
Yes, easement areas are typically included in the total square footage or lot size of a property. So the land is yours on paper, but your ability to use it freely is limited. You generally can't build a structure, fence it off, or do anything that would interfere with the easement's purpose.
Always check the title report before you buy. Easements run with the land, meaning they transfer to every new owner. If there's one on the property, you inherit it whether you knew about it or not.
An easement is a legal right that allows someone else (like a utility company or neighbor) to use a portion of your property for a specific purpose.
Yes — the land within the easement is still part of your property. You technically own it. However, your use of that portion may be limited.
An easement is a right to use a portion of a property owned by someone else for a specific purpose. It grants the easement holder the right to use that portion of the property, but it does not transfer ownership or possession of that portion of the property to the easement holder.
Therefore, an easement is not considered part of the property area because the property owner retains ownership and possession of the land subject to the easement. The easement holder only has a limited right to use that portion of the property for the specific purpose outlined in the easement agreement.
You absolutely own the land within the easement. It is part of your property. An easement provides a legal right that allows someone else, usually a utility company or neighbor, to use a portion of your property for a specific purpose. Typically you cannot build a permanent structure on an easement. If you do, it may be destroyed when/if the easement needs to be used and fixing it will be up to you.