Easement
In one sentence
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
Plain English
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.
Ad slot
Example
The county grants an easement to the water company allowing them to dig up and maintain water pipes that run beneath Elena's backyard. Elena still owns the property and can build a deck above it, but the water company can access and repair the pipes whenever needed.
Used in a sentence
“The developer granted an easement to the homeowners' association to maintain the common pathway through the neighborhood.”
How Easement differs by state
Easement can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama recognizes easements as property interests that run with the land and bind successors unless expressly terminated.
Alaska
Alaska treats easements as real property interests that survive conveyance and require clear evidence of intent to create.
Arizona
Arizona enforces easements as binding property rights and permits easements by prescription after ten years of continuous use.
Arkansas
Arkansas recognizes easements as property interests that bind successors and arise through express grant, implication, necessity, or prescription.
California
California enforces easements as real property interests and allows prescriptive easements after five years of open, continuous use.
Colorado
Colorado recognizes easements by prescription after 18 years of open, continuous use without permission.
Connecticut
Connecticut enforces easements by deed and recognizes implied easements from prior use patterns when land is subdivided.
Delaware
Delaware requires easements to be in writing and recorded in the county deed records to bind future property owners.
Florida
Florida recognizes easements by express grant, implication, necessity, and prescription, with prescriptive easements requiring 20 years of adverse use.
Georgia
Georgia enforces easements by express grant, implication, necessity, and prescription, with prescriptive easements requiring 20 years of open use.
Hawaii
Hawaii recognizes easements as property interests but requires clear evidence of intent and strict compliance with creation formalities.
Idaho
Idaho permits easements by prescription after five years of open, notorious, and uninterrupted use with the owner's knowledge.
Illinois
Illinois requires easements to be in writing and recorded; prescriptive easements need twenty years of open, continuous use.
Indiana
Indiana recognizes easements by prescription after twenty years of adverse, open, and continuous use without the owner's permission.
Iowa
Iowa requires ten years of open, continuous, and adverse use to establish a prescriptive easement, shorter than most neighboring states.
Kansas
Kansas recognizes easements by express grant, implication, necessity, and prescription with standard common-law rules.
Kentucky
Kentucky enforces easements under common law and requires clear language in deeds; prescriptive easements need 15 years of use.
Louisiana
Louisiana's civil-law system treats easements (servitudes) distinctly, requiring express written agreement and specific statutory formalities.
Maine
Maine recognizes easements by grant, necessity, and prescription; prescriptive easements require 20 years of open use.
Maryland
Maryland enforces easements by express grant, necessity, and prescription; prescriptive easements require 20 years of adverse use.
Massachusetts
Massachusetts recognizes easements by express grant, implication, necessity, and prescription, with strict requirements for each type.
Michigan
Michigan enforces easements through express grant, implication, necessity, and prescription, with 15 years required for prescriptive easements.
Minnesota
Minnesota requires 15 years of adverse use for prescriptive easements and enforces easements by necessity for landlocked property.
Mississippi
Mississippi enforces easements by express grant, implication, necessity, and prescription with a 10-year prescriptive period.
Missouri
Missouri recognizes easements by express grant, implication, necessity, and prescription with a 10-year prescriptive period.
Montana
Montana recognizes easements by prescription after five years of open, continuous use without permission.
Nebraska
Nebraska requires easements to be in writing and recorded to bind future property owners.
Nevada
Nevada permits easements by prescription after five years of open, uninterrupted, and hostile use.
New Hampshire
New Hampshire recognizes easements by prescription after twenty years of open, continuous use.
New Jersey
New Jersey enforces easements by prescription after twenty years of open, continuous, and adverse use.
New Mexico
New Mexico recognizes easements as property interests that run with the land and survive ownership changes.
New York
New York requires easements to be in writing and recorded to bind future owners of the burdened property.
North Carolina
North Carolina enforces easements as binding property rights that transfer with land ownership unless the deed specifies otherwise.
North Dakota
North Dakota treats easements as real property interests that must be clearly defined and recorded to bind successors.
Ohio
Ohio requires easements to be in writing and recorded to bind future owners, with strict rules on scope and duration.
Oklahoma
Oklahoma recognizes easements by express grant, implication, necessity, and prescription with a 15-year adverse possession period.
Oregon
Oregon requires easements to be in writing and recorded; prescriptive easements need 10 years of continuous, open use.
Pennsylvania
Pennsylvania enforces easements by grant, necessity, and prescription; prescriptive easements require 21 years of uninterrupted use.
Rhode Island
Rhode Island enforces easements by express grant and recognizes prescriptive easements after 10 years of open use.
South Carolina
South Carolina recognizes easements by express grant, necessity, and prescription; prescriptive easements require 20 years of adverse use.
South Dakota
South Dakota treats easements as property interests that run with the land and require clear written documentation for validity.
Tennessee
Tennessee requires easements to be in writing and recorded to bind future owners, with strict rules on easement scope and duration.
Texas
Texas recognizes easements as property interests but allows them to be created orally in some cases, though writing is strongly preferred.
Utah
Utah requires easements to be in writing and recorded to bind successors, with particular attention to utility easement rights.
Vermont
Vermont treats easements as real property interests requiring written documentation and recognizes both express and implied easements.
Virginia
Virginia recognizes easements by express grant, implication, necessity, and prescription with a 20-year adverse possession period.
Washington
Washington permits easements by express grant, implication, necessity, and prescription with a 10-year adverse possession period.
West Virginia
West Virginia enforces easements by express grant, implication, necessity, and prescription with a 10-year adverse possession period.
Wisconsin
Wisconsin recognizes easements by express grant, implication, necessity, and prescription with a 20-year adverse possession period.
Wyoming
Wyoming recognizes easements by express grant, implication, necessity, and prescription with a 10-year adverse possession period.
District of Columbia
DC recognizes easements under common law and requires written documentation for most easements affecting real property.
Related terms
Life Estate
The right to use and enjoy property during someone's lifetime only.
Assignment
Transferring your contract rights to someone else.
chattel
Personal property that is movable, as opposed to real estate or land.
Material Fact
A fact that significantly affects a party's rights, obligations, or decision-making in a contract.
Acceptance
Agreeing to the exact terms of an offer, creating a binding contract.
Delegation of Duties
Assigning your contractual responsibilities to another person.
Homestead Exemption
A legal protection that shields a primary residence from creditors' claims up to a certain value.
Tenant Rights
Legal protections and entitlements that renters have regarding their leased property and living conditions.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.