Title Encumbrances 102: Utility Easements

If you spot a utility easement, while reviewing your title work, know that it shouldn't set off alarms or derail your home purchase. However, understanding its implications is essential. With proper research, expert guidance, and realistic expectations, you can confidently move forward and make the most of your new home.

What is a Utility Easement?

A utility easement is the legal right for utility companies to access a portion of your property. While common, utility easements can impact how you use and enjoy your property.

What to Consider:

1. Restricted Use of Land: You may be prohibited from building permanent structures, such as a garage or fence, within the easement area.
2. Unexpected Access: Utility companies have the right to enter your property for maintenance or repairs, which can feel disruptive.
3. Landscaping Limitations: Certain plants or trees might not be allowed within the easement due to the risk of interference with utility lines.

What You Can Do:

1. Review the Title Report: Check the property’s title report or deed for any easements, and ensure you understand their scope and location.
2. Request a Survey: A professional survey will map out the easement’s boundaries so you know exactly which areas are affected.
3. Negotiate or Modify: In some cases, you may be able to negotiate the terms of the easement with the utility company or property seller, though this can be complex and may require legal assistance.