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Easement

An easement lets someone use part of another owner's land for a set purpose, such as a utility line or drainage.

Also called utility easement or access easement.

What it tells you

Easement items often come with a new subdivision, utility extension, or road project, and they name the land involved. Releasing an easement can mean a site is being cleared for a building that would sit over it.

How it moves through a city or county

  1. New easements are usually drawn on a plat or granted in a recorded document.
  2. Cities accept public easements, often as an item on a council agenda.
  3. An owner can ask to release an easement that is no longer needed.
  4. Releasing a public easement usually needs city approval and a recorded document.

How easements are created and released follows state property law and local rules. Private easements between neighbors may never reach a public agenda.

Recent easement filings

From public filings in New Jersey, Ohio, and Oregon.

Recent easement filings, sample projects
ProjectLocationDeveloperTypeSizeStageLatest meeting
4-Lot Residential Subdivision on 0.46 AcresSalem, ORVillalobos Real EstateSingle-family4 units0.46 acresSeeking approval
500-Unit Mixed-Use Development at 189 Phillip StreetJersey City, NJAR Scitech LLCHomes and businesses500 unitsApproved
LUC-Corduroy Road Bridge Project EasementsOregon, OHCity of ToledoBridges0.08 acresIn design

As of How we count

Common questions

Can you build on an easement?
Buildings usually can't go where they would block an easement's purpose, such as over a sewer line, though fences or paving may be allowed. The recorded easement and local rules decide.
What is the difference between an easement and a right-of-way?
A right-of-way is land used for a road, path, or utility corridor. Some rights-of-way are owned outright by the public; others are easements over private land.

Rules vary by state, county, and city. These pages describe common practice, not legal advice.

See easement filings near you.

Search Boardwalk for "easement" to find grants and releases tied to projects.