An easement is a legal right to use or access part of a property for a defined purpose, subject to its governing documents and law.
Definition
An easement grants a specified right over part of a property, often for access, utilities, drainage, or another defined purpose. The recorded instrument or other controlling source sets the location, permitted use, duration, and any restrictions. A project team may review records and survey information to show an easement's location and account for it in site planning. The work included in a firm's scope can vary: document research, field location, mapping, and coordination may be separate tasks. An easement does not usually transfer ownership of the property, and it does not give unrestricted use of the land. Its legal effect depends on the relevant documents and applicable law, so a survey map alone may not resolve questions about rights or interpretation. For related professional and contract resources, see EJCDC.
How owners use it
- An owner accounts for a recorded utility or drainage easement when evaluating a site's usable area.
- A project manager coordinates easement records and surveyed locations with proposed access, utilities, and grading.
- A firm clarifies whether its fee covers record research, field location, mapping, or only one of those tasks.
