An easement is the right to use another person’s property within specified limits. For instance, if a landowner is landlocked or has no road access to his property, an easement is granted for a road or driveway into the property. Also, the government has the right to an easement if the property is designated for a specific purpose, such as access to public forestry land.
Visit the courthouse in the county where your property and the easement property is located. Go to the department that handles land deeds.
Request a copy of the deed for your property from the clerk. Provide her with your name and the address of the property. The deed has a legal description of your property that provides the detailed lay of the land, according to Bankrate. Also, get a copy of the deed from the landowner who is granting the easement. This ensures he is the rightful owner of the land.
Contact a land surveyor in your area. The local Chamber of Commerce has a list of reputable surveyors. Also, ask friends and family members if they have a recommendation for a surveyor.
Give him a copy of your property deed and the easement's deed. Tell him you want the easement, along with your property, surveyed. If you have a previous survey, provide him with a copy as well.
Establish a contract with the land surveyor. The contract states the duties the surveyor performs, the cost for his services and the timeframe it takes to complete the job.
Receive a copy of the surveyed easement after the survey is complete. This provides you with the legal description and landlines showing the easement.
Make sure the survey has the legal components listed in the form provided in resources section, such as the date and description of the property.
- Legal Dictionary: Easement
- Bankrate: Understanding Quitclaim, Warranty Deeds on Property
- American Bar Association: 20 Things to Look for in a Real Property Survey
- City of Colonial Heights Department of Public Works. "Easements - What Is an Easement?," Page 2. Accessed March 11, 2020.
- Henderson County North Carolina. "Subdivision: Right-of-Way Frequently Asked Questions." Accessed March 11, 2020.
- Majr Resources. "What Is the Difference Between Easement & Right of Way?" Accessed March 11, 2020.
- Utah Department of Commerce. "Easements." Select "Is an Easement a Property Right?" Accessed March 11, 2020.
- Expert Law. "What Is an Easement - Easement Rights and Duties." Accessed March 11, 2020.
- Trulia. "Easements: Know Your Property Rights." Accessed March 11, 2020.
- New York State Attorney General. "FAQs About Real Estate." Accessed March 11, 2020.
- Brewer Offord & Pedersen LLP. "What Is This “Easement” Thing In My Preliminary Report?" Accessed March 11, 2020.
- California Department of Insurance. "Title Insurance - Introduction." Accessed March 11, 2020.
Amanda Maddox began writing professionally in 2007. Her work appears on various websites focusing on topics about medical billing, coding, real estate, insurance, accounting and business. Maddox has her insurance and real estate licenses and holds an Associate of Applied Science in accounting and business administration from Wallace State Community College.