In real estate, the phrase "bundle of rights" encompasses more than just owning land—it involves how property can be accessed, used, and limited. Among the most significant of these limitations are easements and rights-of-way. Whether you're an investor, attorney, or buyer, identifying these interests through public records is a critical part of due diligence and title review.
What Is an Easement?
An easement is a type of servitude—an interest in land held by someone who is not the owner—that grants the non-owner a legal right to use the property for a specific purpose. Easements can significantly affect property value, usage, and development potential. They are considered non-possessory rights and can be temporary or permanent.
There are several types of easements:
- Easement Appurtenant: Benefits adjacent property (e.g., access for a landlocked parcel).
- Easement in Gross: Benefits a specific party (e.g., a utility company) rather than a neighboring parcel.
- Prescriptive Easement: Acquired through long-term use without permission, similar to adverse possession.
- Easement by Necessity: Arises when a property is landlocked and requires access over another’s land
What Is a Right-of-Way?
A right-of-way (ROW) is a specific form of easement that allows passage across land. It may be for public infrastructure like roads, sidewalks, or utility corridors. All rights-of-way are easements, but not all easements are rights-of-way.
How to Identify Easements in Public Records
When conducting a title search or ownership report, look for the following in public land records:
1. Recorded Easement Agreements - Search the grantor and grantee indexes for easement documents. These may include terms like “Right-of-Way Easement,” “Utility Easement,” “Ingress and Egress Easement,” or “Encroachment Agreement.”
2. Deeds and Legal Descriptions - Some easements are reserved or granted within a deed. Look carefully at the
legal description for language referencing easements or exceptions.
3. Subdivision Plats and Surveys - Plat maps often show utility easements or right-of-way dedications. Surveys can confirm whether physical encroachments correspond to recorded easements.
4. Restrictive Covenants - Many common interest developments contain recorded declarations with easement rights for things like parking, access roads, or utility maintenance
5. Title Commitments and Schedule B Exceptions - Title insurance commitments typically list easements as
special exceptions on Schedule B. These must be examined for scope, location, and beneficiaries.
6. Public Utility and Government Easements - These are often filed in favor of municipal or utility entities. Look for terms like "public utility easement" or "sewer easement" along with the benefiting party's name.
What to Watch Out For
- Undefined Location: Vague easement descriptions ("across the north 50 feet") should be clarified via survey.
- Lack of Termination Language: Some easements are perpetual unless formally terminated. Always check for a release or expiration.
- Multiple Access Claims: Easements by prescription or implication may not be recorded—review historical use and aerial imagery.
- Easements Created by Dedication: Public right-of-way dedications via plat recordings may not appear in the chain of title documents.
How Abstract Authority Can Help
At Abstract Authority, we specialize in uncovering, interpreting, and reporting on all forms of recorded easements and access rights as part of our Ownership Report service. Our professional title researchers provide clear summaries of these encumbrances so you know exactly what affects your parcel before you buy, develop, or advise.