Can You Build on a Property or Utility Easement?

Easements can exist quietly on your property, not affecting you for years or decades. Then, when deciding to bump out your house, put on an addition, dig a pool, or erect a fence, you find a legal easement running through your property.

Learn more about easements, what they are, if you can build on one, and how close you can build to a utility easement.

What Is a Property Easement?

Easements are legal designations that allow individuals or entities to use portions of your property (to build on or for physical access), even though you still own the land and technically have a right to build on it. The person or entity allowed to do this is called the dominant estate; you are the servient estate.

Property easements come in many shapes and forms. There are utility easements that allow sewer and gas lines. There are driveway easements that allow access to your property in the form of a short road or driveway. There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk.

These easements (and others) are part of this background where the public, government agencies, and utility companies have access to your property, yet you still own the property. Due to a greater public good—much like eminent domain actions—you are required to give over part of your land in service of that good.

How to Find out If You Have an Easement

Most homeowners will know about an easement as it should be stated in the title documents and property survey when you buy the house. If you cannot find your title documents, check your county website's tax assessor section for information. You'll likely find the documents relating to your property, including any easements.

7 Property Easements That May Affect You

There are many types of easements, but some have no bearing on residential property owners. Only certain types of easements may affect a building or remodeling project, such as the following:

• Utility easements (below ground): Storm drains, sanitary sewer mains, or natural gas lines frequently run through and under private property. A utility easement may affect you if the dominant estate (or utility) needs to access the area under a structure you may have built.
• Utility easements (above ground): Electrical power or telephone lines run over private property. You may be affected by an above-ground easement and need to grant the utility access to your property to maintain the lines.
• Sidewalk easements: Sidewalk easements are the most common type of easement. Even if there's no sidewalk on your property, you may still have a sidewalk easement legally on paper. Or, you may be required to maintain a physical sidewalk (even though you did not build it) by clearing snow, ice, and other obstructions.
• Driveway easements: A driveway easement can be complex. A typical scenario is when a property owner of a deep lot subdivides the lot into two parts, one in front and one in back. You build your own house on one lot and sell the other lot. The buyer builds a house on the other lot. For the residents of the back lot to gain access, a driveway easement needs to be in place.
• Deadend or beach easements: Deadend or beach easements usually run along the side border of a property and allow the public access to an area beyond your property, such as a beach or park.
• Conservation easements: A conservation easement may restrict what you build to protect a natural resource, greenbelt, or park running alongside your property.
• View easements: View easements are becoming more common as communities realize the value of sightlines. A view easement might give your neighbor the right to enjoy an unblocked view of the coastline which can prohibit you from building or planting obstructions. Your house's warranty deed from the title company should have an attachment about the easement's conditions.

Can You Build on an Easement?

Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement. Anything, from a house addition to fences, shrubs, and children's playsets might need to be removed in this event.

Can You Build a Fence on an Easement?

Yes, in most cases, you can install a fence on an easement. Fences are commonly placed along or across easements. However, expect the chance that the fence might be pulled down by a dominant estate (utility company, for example). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.

Can You Install Hot Tubs and Pools on Easements?

You may be able to install a hot tub, built-in pool, or above-ground pool over an easement but it may not be the wisest idea.

Above-ground hot tubs and pools are also subject to removal. In-ground pools are more problematic, not only because they cannot easily be removed but because they may interfere with in-ground easements.

Most in-ground pools are deep enough to interfere with municipal sewer mains that run through easements. In-ground pools can be up to 8 feet deep; sanitary municipal lines are buried 12 feet deep or deeper.

Can You Plant Shrubs and Grass on Easements?

Bushes, lawns, and other shallow-rooted shrubberies may be planted on easements. Trees and other major vegetation should not be planted on easements. If there's a manhole on your property, for example, any shrubbery will be removed if a utility company requires access.