What Is an Easement?
An easement is a legal right that lets someone else use a part of your property for a specific purpose. You still own the land, but another person or company may use it for things like utilities or access. For example, a utility company may need to reach power lines on your land. A neighbor may also need a path across your property to get to a road. These rights are written into public records and stay with the land.
Common Types of Easements
- Utility Easements
These allow utility companies to install and maintain power, water, gas, or communication lines. They may be underground or overhead. Utility crews can enter your property when they need to repair or service the lines. - Right-of-Way Easements
These give someone the right to travel across part of your property. A right-of-way is common when a neighbor has no direct access to a public road. - Private Easements
These are agreements between two property owners. A shared driveway is a common example. Both sides sign a written agreement that explains how the easement works. - Prescriptive Easements
These occur when someone uses part of your land openly for a long time without your permission. If you don’t stop it, they may earn legal rights to keep using it.
How Are Easements Created?
- By Agreement: Landowners and other parties can sign a written agreement. This agreement is then recorded with the county.
- By Necessity: If a property has no access, a court may create an easement so the owner can reach the land.
- By Long-Term Use (Prescription): If someone uses part of the property for many years without being stopped, the law may recognize an easement.
How an Easement Affects Landowners
- Limited Use: You own the land, but you cannot block or restrict the easement. For example, you may not be able to build a structure over a utility easement.
- Access Rights: The easement holder can enter your property when they need to use the easement. They do not need to ask permission each time.
- Property Value: Some easements may reduce value, depending on size and location. Most do not cause major issues if they are clear and well-documented.
- Permanent or Temporary: Some easements last forever and stay tied to the property if you sell it. Others last only during a project or for a set time.
Can Easements Be Removed?
In some cases, yes. If both parties agree, the easement may be removed. You may also remove an easement if its purpose no longer exists, such as unused utility lines. Because easements are legal agreements, you should always talk with an attorney before trying to change or remove one.
Why Easements Matter
Easements affect how you use your land, so it’s important to know if any exist before buying or selling property. They can influence access, future plans, and land value. For Iowa farmland owners, easements are very common—especially for utilities, drainage, road access, and conservation.
When you understand how your easements work, you can make better decisions and avoid surprises during a sale or purchase.
If you have any questions about Easements, reach out to experts in the field, like David Whitaker and call at (515)-996-5263, and he’ll be happy to assist you with any concerns or provide expert guidance to help you navigate the complexities. You can also reach out via email at info@wmgauction.com to discuss anything.
