Easement in Indiana
State-specific overview · Property & Real Estate
Indiana recognizes easements by prescription after twenty years of adverse, open, and continuous use without the owner's permission.
How Indiana treats Easement
Indiana law allows easements to be created by express grant, implication, necessity, and prescription. Prescriptive easements require twenty years of use that is adverse, open, notorious, and continuous, without the owner's consent or knowledge. Indiana courts enforce written easement agreements strictly according to their terms and do not expand easement rights by implication. The state permits conservation easements under Indiana Code Title 32, enabling landowners to voluntarily restrict land use for environmental or agricultural purposes.
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 Indiana.