Easement in Delaware
State-specific overview · Property & Real Estate
Delaware requires easements to be in writing and recorded in the county deed records to bind future property owners.
How Delaware treats Easement
Delaware follows the general rule that easements must be created by written instrument and properly recorded to give constructive notice. The state recognizes easements by necessity and by implication when land is subdivided. Delaware courts enforce utility easements and right-of-way easements according to their express terms, and disputes are resolved under common law principles of property interpretation.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.