4 Easement Questions to Ask Before You Buy a Property

You found the property. Maybe it has the lot size you have been looking for, or it backs up to the water, or it has that long private driveway that feels like it is yours alone. Before you sign anything, there are four questions to ask about the easements on that property, and most buyers never ask a single one.

Who owns the land underneath the easement. Who is responsible for maintaining it, and what happens when you disagree. Does the easement block something you want to build. And who is allowed to use it, does it run with the land.

In the video below, North Carolina attorney Tiffany Webber walks through all four, including the buyer who closed and then found out about the neighbor septic field sitting in the backyard where the pool was going.

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Question 1: Who Actually Owns the Land Under the Easement?

This one surprises people every time. Buyers tend to assume the easement is its own separate thing that just sort of floats there. That is not how it works. Somebody owns the land underneath that easement, and figuring out who matters more than you would think.

Where this comes up most is shared driveways and private roads. Two neighbors share a driveway and both use it every day. But who owns the ground underneath it? Is it split down the middle? Does one neighbor own the whole thing while the other has the right to use it? Is it owned by a homeowners association? Has it just been used for so long that nobody ever sorted it out? There is always an owner.

These are not hypothetical questions. We hear from buyers who closed without knowing the answer, and six months later there is a dispute with the neighbor over that exact driveway.

Before you close, find out who owns the underlying land. Pull the plat, review the title search, have your attorney walk you through it. Ownership determines everything else, including who has the right to make decisions about that land.

Question 2: Who Maintains It, and What Happens If You Disagree?

This is the follow up almost nobody asks, and it causes the most headaches after closing.

Stay with the shared driveway. It has been there for years and now it needs repaving. Who pays? Is it split evenly? Does the person who uses it more pay more? What if one of you thinks it needs doing and the other does not?

With no maintenance agreement, or easement language that does not spell it out, there is no framework for resolving that disagreement. What starts as a conversation about a driveway turns into a legal dispute pretty quickly.

Same with private roads. If you are buying on a private road shared by several neighbors, find out how maintenance costs are divided and what happens when people do not agree. Is there a road maintenance agreement, is it recorded, and does it have any teeth.

Question 3: Does the Easement Block Something You Want to Build?

This is the one that can derail your plans, and you might not find out until after you own the place.

Here is a scenario we see more than you would think. Someone buys a property with a beautiful backyard, already picturing the pool. They close, they call a pool company, and then they find out about the neighbor septic field located in their backyard. That easement means the ground cannot be disturbed. No pool.

It is not just pools. A fence, a detached garage, a workshop, an addition. Any of those plans can be affected by an easement.

Before you close, look at the survey and the plat, identify every easement on the property, and find out exactly what comes with each one.

Question 4: Who Can Use It, and Does It Run With the Land?

Not all easements are equal on who can use them or how long they last, and the distinction matters.

Some easements are tied to a specific person, meaning the right belongs to one individual, and when that person sells or passes away the easement goes with them. That is a personal easement, and it has a limited lifespan.

Other easements run with the land. No matter who owns the property now, ten years from now, fifty years from now, the easement exists. It transfers with every sale.

A shared well agreement is a good example. We have seen a shared well arrangement that was only in place as long as a specific person lived at the property. The moment that person sold, the agreement was gone. That is a very different situation from a shared well agreement that is recorded, binding, and runs with the land.

You also want to know how many people have the right to use it. One neighbor, several neighbors, an entire subdivision. The more people with access, the more potential for conflict and the more it affects your own use of the property.

Watch the full video for the whole walkthrough. If the property also has recorded restrictions, that is a separate set of limits, and we covered those in how CC&Rs work and how to remove them. For the basics of how easements get created in the first place, see how easements are created and removed.

Common Questions

Who owns the land under an easement?

The underlying property owner still owns the land. An easement grants somebody else the right to use it for a specific purpose. Which owner that is comes from the deed, the plat, and the title search.

Who pays to maintain a shared driveway in North Carolina?

Whatever the recorded easement or road maintenance agreement says. If nothing addresses it, there is no built in framework for splitting costs, which is how disputes start.

Can I build over an easement on my property?

Usually not, and it depends on the easement. A utility, drainage, or septic easement typically prohibits disturbing the ground or placing structures there, which can rule out a pool, a garage, or an addition in that area.

What does it mean when an easement runs with the land?

It stays attached to the property through every sale rather than expiring when a particular person moves or passes away. Recorded easements typically run with the land, while some informal arrangements are personal and end with the individual.

How do I find the easements on a property before I buy?

Get a survey, pull the recorded plat, and review the title search. Between those three, the easements affecting the property should be identifiable before you close.

Buying Property With Easements Around Lake Norman?

At Thomas & Webber, the plat, the survey, and every recorded easement are part of what gets reviewed before closing, so you know what other people are allowed to do on your land before it becomes your land.

Our offices in Mooresville, Cornelius, Denver, and Kannapolis serve buyers and sellers throughout the Lake Norman area, including Davidson, Huntersville, Sherrills Ford, Troutman, and Statesville.

Email your contract to close@thomasandwebber.com or call us at (704) 663-1600 to schedule your closing with us.