Easement
Also known as: Right of Way, Utility Easement
A legal right allowing someone other than the property owner to use a portion of the property for a specific purpose — such as utility access, drainage, or shared driveway access.
Detailed Explanation
An easement gives a third party the right to use part of your property. Common easements include utility easements (allowing utility companies to access pipes, wires, or equipment), drainage easements (allowing water to flow across your property), and access easements (providing a path to neighboring properties).
In new construction communities, easements are common. The developer may have granted easements for utilities, stormwater management, and community infrastructure before the lots were sold.
Easements restrict what you can do on the affected portion of your property. You generally cannot build permanent structures on an easement area, and the easement holder has the right to access the area.
In Your Contract
Easements are recorded against the property and should appear in your title commitment. Your plat map (community site plan) should show the locations of easements on your lot.
Key Points
- 1Gives a third party the right to use part of your property.
- 2Common types: utility, drainage, and access easements.
- 3You generally cannot build on easement areas.
- 4Easements are shown on the plat map and title commitment.
- 5Review easement locations before selecting your lot.
Have a new construction contract? Scan it for $49 at fineprint.homes
Scan Your Contract