How to Find Easements on Your Property Before You Build

By Site Plan Creator Team

Easements can stop a building project in its tracks if you discover them too late. This guide walks you through exactly how to find easements on your property, where to search official records, and how to factor them into your site plan before you break ground.

How to Find Easements on Your Property Before You Build

<h2>Why Easements Matter Before You Pick Up a Shovel</h2>
<p>You have found the perfect spot on your property for a new garage, a backyard deck, or an <a href="/adu-feasibility-software">accessory dwelling unit</a>. You have sketched out the layout, budgeted the materials, and maybe even pulled up a permit application. Then a neighbor mentions something about a utility easement running through your backyard, and suddenly everything is in question.</p>
<p>This scenario plays out more often than most <a href="/homeowners">homeowners</a> realize. Easements are legal rights that allow another party to use a portion of your property for a specific purpose, and they are attached to the land itself, not to any particular owner. They survive property sales, renovations, and generations of ownership. Building over or within an easement without authorization can result in forced removal of structures at your own expense, permit denials, legal disputes, and significant financial loss.</p>
<p>The good news is that easements are a matter of public record in most jurisdictions, and finding them before you build is entirely achievable with the right approach. This guide covers every major method for conducting a property easement search, explains what different types of easements mean for your building plans, and shows you how to incorporate that information into a proper site plan that satisfies permit reviewers.</p>
<hr>
<h2>What Is an Easement and How Does It Affect Your Property?</h2>
<p>Before diving into the search process, it helps to understand what you are actually looking for and why it matters to your project.</p>
<p>An easement is a legal interest in land that gives someone other than the property owner the right to use that land in a defined way. The property with the easement burden is called the <strong>servient estate</strong>, and the party benefiting from the easement is called the dominant estate or the easement holder.</p>
<h3>Common Types of Easements</h3>
<ul>
<li><strong>Utility easements:</strong> These are among the most common. Electric companies, gas utilities, water and sewer authorities, and telecom providers often hold easements to run lines, pipes, or conduits across private property. They also retain the right to access those corridors for maintenance and repair.</li>
<li><strong>Drainage easements:</strong> These allow stormwater to flow across your property through a defined corridor. Many municipalities hold these easements to manage runoff from neighboring parcels or public streets.</li>
<li><strong>Access or ingress/egress easements:</strong> These grant a neighbor or the public the right to cross your property to reach another parcel. They are common in rural areas where a landlocked parcel can only be reached through adjacent land.</li>
<li><strong>Conservation easements:</strong> These restrict development on a portion of a property to protect natural features, wetlands, or scenic views. They are often held by land trusts or government agencies.</li>
<li><strong>Prescriptive easements:</strong> These arise from long-term, open, and continuous use of a portion of property by another party, even without a written agreement. They can be harder to discover through records alone.</li>
<li><strong>Solar and view easements:</strong> Less common but increasingly relevant, these restrict what you can build to protect a neighbor&#39;s access to sunlight or a defined view corridor.</li>
</ul>
<h3>What Easements Mean for Building Projects</h3>
<p>Most easements come with restrictions on what the property owner can build within the easement corridor. Utility companies typically prohibit permanent structures within their easement areas entirely. Drainage easements often prohibit anything that would obstruct water flow. Even if a structure is technically allowed within an easement, the easement holder may have the right to remove it if access is needed, and they are generally not required to compensate you for the loss.</p>
<p>This is why permit offices require site plans that clearly show easements alongside property boundaries, setbacks, and building footprints. A reviewer needs to confirm that your proposed structure does not encroach on any recorded easement before issuing approval.</p>
<hr>
<h2>Step 1: Start with Your Property Deed and Title Documents</h2>
<p>The most direct place to begin a property easement search is your own property deed. Easements that were established when the property was subdivided, sold, or developed are typically described in the deed itself or in a separate recorded document referenced by the deed.</p>
<h3>Reading Your Deed for Easement Language</h3>
<p>Look for phrases like:</p>
<ul>
<li>&quot;Subject to easements of record&quot;</li>
<li>&quot;Together with and subject to a right-of-way for...&quot;</li>
<li>&quot;Reserving unto the grantor a perpetual easement for...&quot;</li>
<li>&quot;Subject to a utility easement as shown on the recorded plat&quot;</li>
</ul>
<p>These phrases signal that easements exist and may reference specific document numbers, plat book pages, or recording information that you can use to pull the full easement document from the county recorder&#39;s office.</p>
<p>If you purchased your home with title insurance, your title commitment or title insurance policy is another valuable resource. It will list all exceptions to coverage, and easements are almost always listed there. Dig out that closing paperwork and review Schedule B, which is the section that lists title exceptions.</p>
<hr>
<h2>Step 2: Search the County Recorder or Register of Deeds</h2>
<p>Your county recorder&#39;s office (sometimes called the register of deeds, county clerk, or land records office depending on your state) is the central repository for all recorded <a href="/real-estate">real estate</a> documents, including easements. Most jurisdictions now offer online search portals, making this step more accessible than ever.</p>
<h3>How to Search Online Land Records</h3>
<ol>
<li>Find your county&#39;s official recorder or assessor website. A simple search for &quot;[your county] recorder of deeds&quot; or &quot;[your county] land records&quot; should get you there.</li>
<li>Search by your property&#39;s parcel number (APN), owner name, or address.</li>
<li>Review all recorded documents associated with your parcel, including deeds, plats, easement agreements, and covenants.</li>
<li>Download or request copies of any documents that reference easements.</li>
</ol>
<p>If your county does not have an online portal, you can visit the office in person or call to request a search. Staff at these offices are generally accustomed to helping property owners locate their records.</p>
<h3>Using the Recorded Plat Map</h3>
<p>If your property is part of a recorded subdivision, a plat map was filed when the subdivision was created. Plat maps are incredibly useful because they show easements graphically, often labeled with their width and purpose. Look for dashed lines, hatched areas, or labeled corridors on the plat. Common labels include &quot;U.E.&quot; (utility easement), &quot;D.E.&quot; (drainage easement), or &quot;A.E.&quot; (access easement).</p>
<p>You can usually find the recorded plat for your subdivision through the same county recorder portal or through your county&#39;s GIS mapping system.</p>
<hr>
<h2>Step 3: Check Your County&#39;s GIS and Parcel Mapping Tools</h2>
<p>Most counties in the United States now maintain a Geographic Information System (GIS) that provides interactive mapping of parcel data, zoning, and in many cases, recorded easements. These tools are free to use and accessible online.</p>
<h3>What GIS Maps Can Show You</h3>
<ul>
<li>Property boundaries and parcel lines</li>
<li>Recorded easement corridors, particularly utility and drainage easements</li>
<li>Floodplain and FEMA flood zone boundaries</li>
<li>Zoning overlays</li>
<li>Right-of-way lines for public roads</li>
</ul>
<p>To access your county&#39;s GIS, search for &quot;[your county] GIS parcel viewer&quot; or &quot;[your county] property map.&quot; Once you locate your parcel, look for layer toggles that allow you to display easements or utilities.</p>
<p>It is worth noting that GIS data is not always complete or perfectly accurate. It is a useful starting point, but it should not be your only source. Always verify what you find in the GIS against the actual recorded documents.</p>
<hr>
<h2>Step 4: Contact Utility Companies Directly</h2>
<p>Utility easements are sometimes not fully captured in county records, especially for older properties where easements were established informally or where utility infrastructure predates modern recording practices. Contacting utility providers directly can fill in those gaps.</p>
<h3>Who to Contact</h3>
<ul>
<li>Your electric utility provider</li>
<li>Natural gas company serving your area</li>
<li>Municipal water and sewer authority</li>
<li>Cable and telecom providers (especially for fiber or buried lines)</li>
<li>Your local municipality&#39;s public works department for stormwater and drainage infrastructure</li>
</ul>
<p>Ask each provider whether they have any recorded or unrecorded easements, rights-of-way, or infrastructure on your property. Many utilities maintain their own mapping systems and can tell you the location and width of their easement corridors.</p>
<p>You can also call 811, the national &quot;Call Before You Dig&quot; service, before any excavation. While 811 is primarily a safety service for locating buried utilities before digging, the process also reveals what utilities are present on your property. Visit <a href="https://call811.com" rel="nofollow noopener" target="_blank">call811.com</a> for more information.</p>
<hr>
<h2>Step 5: Review HOA Documents and CC&amp;Rs</h2>
<p>If your property is part of a homeowners association, the HOA&#39;s governing documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&amp;Rs) and any recorded plats or supplemental declarations, may contain additional easements beyond what appears in public county records.</p>
<p>Common HOA-related easements include:</p>
<ul>
<li>Landscape and irrigation easements along property borders</li>
<li>Shared driveway or access easements</li>
<li>Maintenance easements for shared walls or fences</li>
<li>Open space or greenway easements</li>
</ul>
<p>Request a full copy of all recorded HOA documents from your HOA management company or from the county recorder, where they should be on file.</p>
<hr>
<h2>Step 6: Commission a Boundary Survey</h2>
<p>For any significant building project, a professional boundary survey conducted by a licensed land surveyor is the most reliable way to identify and locate easements on the ground. A surveyor will:</p>
<ol>
<li>Research all recorded documents affecting your parcel</li>
<li>Locate your property corners and boundary lines in the field</li>
<li>Identify and physically locate any recorded easements</li>
<li>Produce a survey drawing that shows easements in relation to your property boundaries and any existing structures</li>
</ol>
<p>This survey becomes the foundation for your site plan. When you submit for a <a href="/construction-permit-site-plans">building permit</a>, having a professionally prepared survey eliminates ambiguity about where easements fall relative to your proposed construction.</p>
<p>According to the <a href="https://www.alta.org" rel="nofollow noopener" target="_blank">American Land Title Association</a>, an ALTA/NSPS Land Title Survey is the most comprehensive survey standard available and is often required for commercial projects or complex residential situations. For most residential projects, a standard boundary survey with easement notation is sufficient.</p>
<hr>
<h2>Step 7: Order a Title Search or Work with a Title Company</h2>
<p>If you want the most thorough easement search possible without commissioning a full survey, ordering a title search through a title company or real estate attorney is an excellent option. Title professionals are trained to find all encumbrances on a property, including easements that may not be obvious from a casual records review.</p>
<p>A title search typically involves:</p>
<ul>
<li>Reviewing the chain of title going back a defined number of years (often 40 to 60 years)</li>
<li>Identifying all recorded documents that affect the property</li>
<li>Producing a title commitment that lists all easements and restrictions</li>
</ul>
<p>This is particularly valuable for older properties where easements may have been created decades ago and are not easily found through modern online search tools.</p>
<hr>
<h2>How to Read and Interpret Easement Documents</h2>
<p>Once you have located easement documents, you need to understand what they say. Easement language can be dense and technical, but a few key elements are worth focusing on.</p>
<h3>Key Elements to Look For</h3>
<ul>
<li><strong>Purpose of the easement:</strong> What is the easement holder allowed to do within the easement area?</li>
<li><strong>Location and dimensions:</strong> Where is the easement on your property, and how wide is it? Some easements are described by metes and bounds, while others reference a plat.</li>
<li><strong>Restrictions on the property owner:</strong> What are you prohibited from doing within the easement corridor? Permanent structures are typically prohibited, but some easements allow fences, landscaping, or paving.</li>
<li><strong>Maintenance responsibilities:</strong> Who is responsible for maintaining the easement area?</li>
<li><strong>Termination conditions:</strong> Some easements have expiration dates or conditions under which they can be vacated.</li>
</ul>
<p>If the language is unclear, consult a real estate attorney. Misinterpreting an easement restriction before building can be a very expensive mistake.</p>
<hr>
<h2>Incorporating Easements Into Your Site Plan</h2>
<p>Once you have a clear picture of all easements affecting your property, the next step is incorporating that information into your site plan. This is not just a good practice, it is a requirement for permit submission in virtually every jurisdiction.</p>
<h3>What a Permit-Ready Site Plan Must Show</h3>
<p>A site plan submitted for a building permit should include:</p>
<ul>
<li>Property boundaries with dimensions</li>
<li>North arrow and scale</li>
<li>Existing structures with their footprints</li>
<li>Proposed new construction with dimensions</li>
<li>Setback lines from all property boundaries</li>
<li>Easement corridors clearly labeled with type and width</li>
<li>Distance from proposed construction to easement boundaries</li>
<li>Driveways, utilities, and other site features</li>
</ul>
<p>Showing easements on your site plan accomplishes two things. First, it demonstrates to the permit reviewer that you are aware of the easements and have designed your project to avoid or respect them. Second, it protects you from later disputes about whether you knew about an easement when you built.</p>
<p>This is exactly where a tool like <a href="/">Site Plan Creator</a> becomes invaluable. You can draft a professional, to-scale site plan that incorporates your property boundaries, setbacks, and easement corridors, and produce a permit-ready document without needing expensive CAD software or a drafting professional. The browser-based interface lets you work from your survey data and county records to create a site plan that clearly communicates your project to permit reviewers.</p>
<hr>
<h2>What to Do If Your Project Conflicts with an Easement</h2>
<p>Sometimes, after completing your easement research, you discover that your planned project falls within or too close to an easement corridor. This does not necessarily mean the project is dead, but it does require additional steps.</p>
<h3>Options When You Have a Conflict</h3>
<ol>
<li><p><strong>Redesign the project:</strong> The simplest solution is often to shift the proposed structure to avoid the easement entirely. Even a few feet of adjustment can make the difference between approval and denial.</p>
</li>
<li><p><strong>Request an easement vacation or relocation:</strong> In some cases, you can petition the easement holder to formally vacate or relocate the easement. This is most feasible when the easement is no longer actively used or when you can offer an equivalent alternative corridor. This process involves legal documentation and is typically handled by a real estate attorney.</p>
</li>
<li><p><strong>Obtain written permission from the easement holder:</strong> For minor encroachments or for structures that do not permanently obstruct the easement (like a fence with a gate), some easement holders will provide written permission for specific improvements. Get any such permission in writing and have it recorded if possible.</p>
</li>
<li><p><strong>Consult a real estate attorney:</strong> If the situation is complex, particularly with prescriptive easements or disputed boundaries, legal counsel is worth the investment before you spend money on construction.</p>
</li>
</ol>
<hr>
<h2>Special Situations: Floodplain and Conservation Easements</h2>
<p>Two types of easements and encumbrances deserve special mention because they involve regulatory layers beyond standard property records.</p>
<h3>FEMA Floodplain Restrictions</h3>
<p>If your property is in or near a FEMA-designated Special Flood Hazard Area (SFHA), there may be floodplain easements or regulatory restrictions that function similarly to easements in their effect on building. You can check your flood zone status using the <a href="https://msc.fema.gov/portal/home" rel="nofollow noopener" target="_blank">FEMA Flood Map Service Center</a>. Building in a floodplain requires special permits and may be prohibited in certain flood zones regardless of easement status.</p>
<h3>Conservation Easements</h3>
<p>Conservation easements are voluntarily granted by property owners to land trusts or government agencies to permanently restrict development. They are recorded in county records and run with the land. If your property has a conservation easement, the restrictions are typically very detailed and enforced by the easement holder. Contact the holding organization directly to understand exactly what is and is not permitted within the easement area.</p>
<hr>
<h2>Building a Habit: Easement Research as Part of Every Project</h2>
<p>The most successful property owners and developers treat easement research not as a one-time task but as a standard first step in any building or improvement project. Even if you have owned your property for years and have done projects before, new easements can be recorded, utility infrastructure can be added, or you may simply be working in a different area of your property than previous projects.</p>
<p>Make it a habit to:</p>
<ul>
<li>Pull your current county GIS data at the start of every project</li>
<li>Review your title documents before applying for any permit</li>
<li>Call 811 before any excavation, no matter how minor</li>
<li>Include easement information on every site plan you prepare</li>
<li>Consult a surveyor for any project near a property boundary or suspected easement corridor</li>
</ul>
<p>This approach saves time, money, and stress. It also builds credibility with permit reviewers, who appreciate applicants who clearly understand their property and have done their homework.</p>
<hr>
<h2>Conclusion: Know Your Property Before You Build</h2>
<p>Finding easements on your property before you build is not just a legal formality. It is a practical necessity that protects your investment, keeps your project on schedule, and ensures that the structure you build can stay where you put it. The research process is more accessible than most homeowners expect, with county recorder portals, GIS tools, and utility company resources all available to help you build a complete picture of your property&#39;s encumbrances.</p>
<p>Once you have done the research, the next step is translating that information into a clear, professional site plan. Site Plan Creator makes that process straightforward, giving you a browser-based tool to draw accurate, to-scale site plans that show property boundaries, setbacks, easements, and proposed construction exactly as permit offices need to see them. Start your site plan today at <a href="https://www.siteplancreator.com">siteplancreator.com</a> and go into your permit application with confidence.</p>