How much does an easement devalue a property?

Easements are legal rights granting others access to a person’s land for specific purposes, such as utility easements for power lines. These are typically governed by written agreements and fall under real estate law. However, many property owners wonder about their options for enhancing privacy and security while still respecting easement rights. One common question is whether installing a gate on an easement is possible. In this blog post, we’ll explore how much an easement devalues a property.

Can you build close to an easement?

Well, it depends on several factors, including the type of easement, local zoning laws, and the specific terms outlined in the easement agreement. Here are some key points to consider:

Type of easement

Also, different types of easements have varying restrictions on building near them. For example, utility easements typically have strict regulations to ensure that structures don’t interfere with utility lines or access. Access easements might also have restrictions to maintain a clear pathway for passage.

Easement width and placement

The width and placement of the easement on your property can determine how close you can build to it. Generally, the wider the easement, the more space you need to keep clear. Easements near property boundaries may have setback requirements to prevent encroachments.

Zoning regulations

Local zoning laws play a significant role in determining where and how close you can build to an easement. Zoning ordinances often specify setback requirements for structures near easements, ensuring safety, accessibility, and compliance with utility or access needs.

Easement agreement

The specific terms outlined in the easement agreement are crucial. Some easement agreements may explicitly prohibit building within a certain distance of the easement, while others may allow construction under certain conditions or with prior approval from the easement holder.

Utility and access needs

Considerations for utility maintenance, access for service vehicles, and safety clearance often influence building proximity to easements. Utility companies or entities holding access easements may have guidelines or requirements that impact construction near these areas.

Consulting professionals

It’s essential to consult with professionals such as real estate attorneys, surveyors, and local zoning officials before planning any construction near an easement. They can help you understand the legalities, restrictions, and potential implications of building close to an easement.

Whether you can build close to an easement depends on a combination of factors including the type of easement, local regulations, the terms of the easement agreement, and considerations for utility or access needs.

Can I put a gate on an easement?

Everything will depend on the use of the easement. An easement is a right to use someone else’s land. The land is still yours. You can continue to use their land in any way that does not obstruct their use of the easement. The scope of the easement is usually described in the document that creates it. Just as you cannot obstruct their use of the easement within that scope, they cannot do anything on your land that exceeds that scope. Here, you say it is ingress and egress only. That means they can go in and out. If there’s a road, that’s what they must use.

Now, if you are not allowed to block the easement, you have the right to build a fence as long as there is a gate that is sufficient to allow ingress and egress through the easement. The gate can even be locked, as long as you give it to them.

Understanding how easements devalue a property is crucial, especially when purchasing a property with an existing easement. Consulting a real estate attorney can clarify the legal implications and rights of the easement holder. These can impact property value and usage rights, making it essential to understand their implications.

How to do it?

There are different types of easements, including easements in gross and easements appurtenant. Easements in gross benefit a specific person or entity, like utility companies, while easements appurtenant benefit a neighboring property.

When purchasing a property with an easement, it’s vital to review the easement agreement, consider potential limitations, and consult legal experts to ensure compliance and avoid disputes with the easement holder. If you want to put a gate on an easement, try to put one automatically.

Bottom line

Finally, when purchasing a property with an easement, it’s vital to review the easement agreement, consider potential limitations, and consult legal experts to ensure compliance and avoid disputes with the easement holder.

In conclusion, navigating easements in real estate involves understanding how much an easement devalues a property, their legal implications, and how they can affect property usage. Working with professionals and conducting due diligence is key to managing easement-related issues effectively.

Written by Vanessa Gallanti. February 21, 2025

Enthusiast about planning, project management, construction materials and technology, and construction. A civil engineer from Los Andes University and a content writer for Kukun.