How Easement Appurtenant Affects Property Rights: A Complete Guide
July 30, 2025
9 minutes
Why This Matters More Than You Think?
Imagine buying your dream home, only to find out your neighbor can legally use your driveway or backyard path. Sounds like a nightmare, right? This isn’t fiction; it’s what happens when you don’t understand an easement appurtenant. It’s one of those legal land-use rights that seems minor, until it isn’t. Whether you’re buying, selling, or simply refinancing, this easement could influence your home value, how you use your land, or even your future sale.
Let’s demystify it together, one step at a time.
Key Takeaways:
- An easement appurtenant gives another property legal access to your land.
- It stays with the land, even if ownership changes.
- It can affect home value, resale, and your intended land use.
- Understanding it upfront avoids costly disputes.
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What Is an Easement Appurtenant?
An easement appurtenant is a legal right that allows the owner of one parcel of land (the dominant estate) to use part of a neighboring parcel (the servient estate) for a specific purpose-usually access. Think shared driveways, pathways, or roads.
Key Traits:
- Attached to the land: Passes on automatically with the property.
- Not just personal: It applies to future owners, not just current ones.
- Mentioned in the public records: Often appears in title reports.
Common Uses:
- Shared driveways or access roads
- Utility lines or drainage systems
- Beach, lake, or public road access.
How Does It Affect Property Rights?
For the Servient Estate (your land):
- You lose exclusive use of the area affected by the easement.
- It may affect landscaping, fencing, or building in that portion of your property.
- It could reduce market value, depending on how intrusive the easement is.
For the Dominant Estate (neighbor’s land):
- They can enforce the easement, even in court.
- They’re often responsible for maintenance, but that depends on your agreement.
Heads Up:
If not disclosed during a sale or refinance, an easement can delay closing or result in title insurance issues. Always verify what’s recorded before proceeding.
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Can You Remove or Modify an Easement Appurtenant?
Short answer: It’s tough, but not impossible.
Options:
- Mutual agreement: Both parties agree in writing to terminate or relocate.
- Abandonment: If the easement isn’t used for years, it may be considered abandoned (but requires legal proof).
- Court order: If it no longer serves the original purpose, you can petition for removal.
Pro Tip: Always consult a real estate attorney before assuming you can remove an easement. Even unused easements have legal standing.
What Buyers Need to Know?
Before purchasing:
- Check the title report: Does the easement show up?
- Review the plat map: Visualize exactly where the easement runs.
- Ask for past surveys: Understand what has been agreed upon historically.
- Understand limits: You may not be able to build a fence, structure, or tree line within the easement.
Buying without this knowledge can lead to costly surprises.
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- reAlpha Mortgage - NMLS #1743790
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Also, consider local property assessors’ websites or county clerk offices to pull plat maps and easement records.
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FAQs: Easement Appurtenant
What’s the difference between easement appurtenant and easement in gross?
An easement appurtenant benefits a neighboring property and stays with the land. An easement in gross benefits a person or company and doesn’t transfer with ownership.
Can an easement lower my property value?
Yes. If it limits how you use part of your land or affects privacy, it can reduce value.
Who maintains the easement area?
Usually, the person benefiting from it (dominant estate), but check your deed or legal agreement.
How do I find out if a property has an easement?
Order a title report, review the plat map, and ask for a property survey before purchase.
Important Disclosures
- reAlpha Mortgage is a licensed mortgage lender. NMLS #1743790.
- This content is for informational purposes only and does not constitute legal advice.
- Easement laws vary by state and municipality; always consult with a qualified real estate attorney for guidance.
- reAlpha and reAlpha Mortgage are separate entities. reAlpha offers commission rebates through its bundled services, and any partnership with reAlpha Mortgage does not affect loan terms or underwriting decisions.
- Mortgage approvals and rates are subject to underwriting and market conditions.
- Please verify all easement-related details with title companies and official property records.
Next Steps:
- Visit reAlpha Mortgage to explore financing options.
- Check out reAlpha for a smarter way to buy homes without commission.
- Share this with someone who’s buying or selling land-they’ll thank you later!
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Article by
Rocky Billore is a mortgage industry leader and Chief Sales Officer with over two decades of experience across residential and commercial lending. Since entering the industry in 2004, he has been directly involved in funding more than $1.4 billion in loans. A recognized expert in VA and government lending, Rocky combines deep program knowledge with a data driven, relationship-first leadership style. His work focuses on building scalable sales organizations, developing high performing teams, and aligning technology with real world lending outcomes to improve the homeownership experience.