25 Easement Questions Every Property Owner Asks (Answered by a Lawyer)

Easements are one of those topics where one video opens up a hundred more questions. After Tiffany Webber’s easement video went live, the comments flooded in with questions she couldn’t possibly answer one at a time. So she compiled the top 25 and answered them all in one shot.

If you own property — or you’re thinking about buying — there’s a good chance at least one of these questions applies to you. Easements come up in closings constantly, and understanding how they work can save you real money and real headaches.

Watch the Full Video

All 25 questions are covered below, or watch the full video for Tiffany’s rapid-fire breakdown.

1. Who is responsible for maintaining sidewalks in an easement?

Look at the recorded easement document. Whoever installed the sidewalks — often the HOA or the municipality — is typically responsible for maintaining them. The specific terms of the easement will spell out maintenance responsibilities.

2. If my driveway is an easement to other properties, who can use it?

Only the properties that need it to access their land — the property owners, their guests, and their invitees. It’s not open to everyone. That said, the easement document may limit use to specific properties even if others could technically benefit from it.

3. Can I demand compensation for granting an easement?

Yes, depending on the circumstances. If a neighbor or developer wants to run an easement across your property, you don’t have to agree for free. How you value the easement depends on how much of your property is being used and for what purpose. You can have an appraiser help you determine what it’s worth.

4. Can I plant trees or build a fence on a landscape easement?

You’ll need to check the terms of the recorded easement. Most landscape easements spell out what kinds of landscaping can be maintained, by whom, and what areas can or can’t be blocked. The answer is probably yes, but the document controls.

5. How do you get rid of an easement?

It depends on how it was created. A written easement can be terminated by a written release from the benefiting party. Other ways include merger (you buy the other property and the easement is extinguished), litigation if the scope was exceeded, eminent domain, or foreclosure. The property owner who’s burdened by the easement generally can’t unilaterally get rid of it.

6. Are easements perpetual?

If the language says it’s binding on heirs, successors, and assigns with no termination conditions, then yes — it runs with the land indefinitely and transfers to every future owner. Some easements do include time limits or conditions that trigger termination. There’s also an easement in gross, which is specific to a person and ends when they no longer own the property.

7. Who maintains the area around a neighborhood mailbox easement?

Check the recorded easement. In most HOA situations, the HOA holds the easement and maintains the mailbox and surrounding area. If you as the property owner cause a condition that needs maintenance, that’s on you. But the general upkeep of the mailbox area typically falls on whoever holds the easement.

8. Why do I have to pay taxes on land someone else has an easement on?

Because property taxes go to the fee simple owner of the land — and that’s you. Having an easement on your property doesn’t shift the tax burden to the easement holder. However, you can negotiate compensation for the easement that accounts for this, including a proportionate share of taxes.

9. Easements are only granted to the specific parties they’re intended for.

This came in as a comment, not a question, but it’s worth highlighting. If there’s a drainage easement across your property for the water company, that doesn’t mean the neighborhood kids get to play there. An easement is for the specific party it’s intended for — a property owner, a utility company, a specific person — not a free-for-all.

10. Who is responsible for a dead or dangerous tree on an easement?

In most cases, the property owner. It doesn’t really matter who planted the tree — what matters is whose land it’s on. If the easement holder planted the tree and created some obligation to maintain it, that could shift responsibility. But when it’s unknown, the property owner typically bears the responsibility.

11. Can I get a utility easement removed if it serves no purpose?

Possibly. In North Carolina, if a utility easement hasn’t been used for a certain period of time (around 20 years), you may be able to apply for it to be abandoned through the appropriate utility commission. The process exists, but it requires a formal application.

12. Is it a hassle to have an easement moved?

It can be, especially if the parties don’t agree on where it should go or whether it should move at all. Moving an easement cannot be done unilaterally — everyone involved has to agree. If there’s a dispute, you’re looking at negotiations or potentially litigation.

13. Neighbors are driving too fast on my driveway easement. Can I do anything?

Depending on the easement terms, there may be options — potentially including speed bumps or changes to the driveway surface. But Tiffany strongly recommends not taking any action without consulting a real estate attorney first. Modifying an easement area without legal guidance can create bigger problems.

14. What is a plat?

A plat is a drawing of a subdivision that shows multiple properties, their boundaries, setbacks, utility easements, and rights of way. It’s different from a survey, which is a drawing of one individual property. Plats are recorded at the register of deeds and are a common way easements are documented in planned communities.

15. What’s the difference between an easement and a right of way?

They can overlap, but they’re not always the same thing. A right of way typically describes an area where you can drive or travel to access a property. A driveway easement and a right-of-way easement are often used interchangeably. But not all easements are rights of way (like a utility easement), and not all rights of way are technically easements.

16. Do I have a right to walk between a home and the street if there’s no sidewalk?

Probably not. A sidewalk is a strong indicator that an easement exists for pedestrian access, though not a guarantee. Without a sidewalk, there’s no default common law right to walk on someone else’s property just because it’s near the road. You’d need to check a survey to see exactly where the street ends and the private property begins.

17. Can easements granted by former owners be rescinded or modified?

Not by the property owner who’s burdened by the easement. The burdened party can’t unilaterally revoke or change an easement. Only the benefiting party can voluntarily release it. The original grantor — if they no longer own the property — has no authority to change the terms either.

18. Can someone use an easement without letting the property owner know?

It depends on the type. If it’s a driveway easement, the person using it doesn’t need to call you every time they drive to their house. But other easements may require advance notice — for example, if someone has an easement to cross farmland, the parties might agree on a notice period so livestock aren’t disturbed. Unless the easement specifically requires notification, no notice is needed.

19. Who is liable for injuries on an easement?

This is highly fact-specific. It depends on what caused the injury and who had control over the condition that led to it. It could be the property owner, the easement holder, or both. This falls into personal injury and negligence law, and there’s no blanket answer without knowing the specific circumstances.

20. Where do I find out what easements are on my property?

Through a title search at the register of deeds in the county where your property is located. Not every easement appears on your deed — many are recorded as separate instruments. A professional title search is the most reliable way to find everything that’s out there.

21. Do easements need to be recorded to be valid? Do they need to be on the deed?

An easement by grant needs to be recorded at the register of deeds. Easements obtained other ways — by necessity, implication, or prescription — would be formalized through a quiet title action in court and then recorded. Not every easement has to be mentioned on your deed. Utility easements, for example, almost never appear on the deed itself but are still fully binding as long as they’re in the public record.

22. What if a property is landlocked and the only access is through a utility easement and a verbal agreement?

A utility easement typically can’t be used for general vehicular access — it’s for the utility company. A verbal agreement for access might give you permission now, but it offers very little protection. It wouldn’t transfer to future owners, and the person granting permission can change their mind at any time. Getting a written, recorded easement is the only way to secure long-term access.

23. I’ve been using a path across my neighbor’s land for 15 years. Is it my easement now?

Not in North Carolina. To establish a prescriptive easement here, you need adverse, hostile, open, notorious, exclusive, and continuous use for at least 20 years. Fifteen years isn’t enough. If you believe you have a prescriptive easement after meeting the 20-year threshold, you’d need to file a quiet title action to formalize it. Nothing is automatic.

24. Can an owner demand compensation for granting an easement?

(Covered in question 3 above — yes, you can negotiate compensation based on the scope of use and impact on your property.)

25. What’s the difference between an easement and a setback?

An easement is a non-possessory right for someone else to use your land for a specific purpose. A setback is a required distance from your property line where you’re not allowed to build. Easements involve another party’s rights. Setbacks are building restrictions from zoning ordinances. They’re completely different concepts, though both restrict what you can do with your property.

Watch the full video for Tiffany’s rapid-fire answers to all 25 questions — and pay special attention to the prescriptive easement discussion if you have neighbors using your land without permission.

Have Easement Questions About Your Property?

At Thomas & Webber, easements come up in our closings and title searches constantly. Whether you’re trying to understand an easement on a property you’re buying, need to negotiate a new one, or want to know if someone is gaining rights to your land, we can help.

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

Email us at [email protected] or call us: (704) 663-1600