Property easements are one of the most misunderstood aspects of land ownership, yet they affect millions of parcels across the country, including thousands of properties right here in Salt Lake City. Before you break ground on a new development, install a fence, or close on a purchase, you need to know exactly what easements are recorded on that land. Missing one can delay your project, trigger legal disputes, or kill a deal entirely.
What a Property Easement Really Means for Land Ownership
Owning land does not always mean you control every inch of it.
A property easement is a legal right that allows another party to use a specific portion of your land for a specific purpose. The ownership of the land stays with you. The easement holder only gets limited, defined use of that area.
Think of it this way. You own the whole parcel. But a utility company has the legal right to run power lines across the back 10 feet. They do not own that strip. They just have a right to access and maintain it.
This distinction matters. Easements run with the land. They do not go away when the property sells. A new owner inherits every easement already recorded on that parcel.
In Utah, easements are governed by state statute and case law. According to the Utah Code, easements can be created by express grant, reservation, implication, necessity, or prescription. Each type carries different rules about enforcement and termination.
Common Types of Property Easements Landowners May Encounter
Not all easements are the same. The type of easement determines who benefits from it and what restrictions apply to you as the landowner.
Utility Easements
These are the most common. Power companies, gas providers, water utilities, and telecom providers often hold easements to install and maintain lines and pipes. In Salt Lake City, utility easements are standard on nearly every subdivided lot.
Access or Ingress/Egress Easements
These give a neighboring property the right to cross your land to reach their own. They are common in rural areas and older subdivisions where one parcel has no direct road frontage.
Drainage Easements
These protect drainage channels, swales, and culverts. Salt Lake County frequently requires drainage easements on new subdivisions to manage stormwater flow.
Conservation Easements
A landowner voluntarily gives up certain development rights to protect the land’s natural or agricultural character. These are often held by land trusts or government agencies. They are becoming more common along the Wasatch Front.
Prescriptive Easements
These arise when someone uses your land openly, continuously, and without permission for a set number of years. In Utah, that period is generally seven years. If a neighbor has been driving across your corner lot for a decade, they may have a legal claim.
How Easements Can Influence Property Improvements and Land Use
This is where many developers run into trouble.
An easement area is not free space for development. Building a structure, pouring concrete, or planting deep-rooted trees over a utility easement can get you a notice to remove it, at your own expense.
Here is what easements may restrict:
- Fences and walls crossing a utility or access easement may need to include gates or be removed entirely if the easement holder needs access.
- Garages and additions built over an easement can create major problems during permitting or when the utility provider needs to dig.
- Driveways and paving over drainage easements can block water flow and create liability.
- Landscaping with large trees or shrubs in utility corridors can conflict with maintenance requirements.
Before pulling a permit, review the easement locations on your survey. Check whether your improvement falls inside or outside those boundaries. This one step prevents costly mistakes.
Where Property Easements Are Recorded and How to Identify Them
Easements do not announce themselves. A buyer can walk a property and never see a physical sign of an existing easement. That does not mean they are not there.
Here is where to look:
- The deed. Easements granted or reserved at the time of conveyance are often written directly into the deed language.
- Title reports and title insurance commitments. A standard title search should surface recorded easements. Schedule B of a title commitment lists all encumbrances, including easements.
- Subdivision plats. Recorded plats often show utility and drainage easements as dashed lines with labeled widths.
- Survey maps. A current boundary survey or ALTA/NSPS survey will show all recorded easements as located on the ground.
- County recorder’s office. In Salt Lake County, easements recorded as separate documents are indexed by grantor and grantee and searchable through the Salt Lake County Recorder’s online portal.
One important note: not all easements are recorded. Prescriptive easements and easements by implication exist based on use and circumstance, not recorded documents. A licensed land surveyor can help identify physical evidence of unrecorded easements during a field survey.
Why Easements Matter During Property Transactions and Surveys
Easements can make or break a deal. They can also change what a property is worth.
During a purchase transaction, easements affect:
- Financing. Lenders require title insurance, and significant encumbrances can trigger underwriting questions.
- Valuation. An easement that limits development potential reduces the effective usable area, which affects the land’s market value.
- Due diligence. Developers reviewing a site should order an ALTA survey and a full title commitment before closing. These two documents together give the clearest picture of what easements exist and where they fall.
During a land survey, a licensed surveyor will research recorded easements, locate them on the ground, and show them on the plat or map. This is not optional for development projects. Utah’s standards for boundary surveys require easements to be shown when they are called out in the record.
Catching easement conflicts before closing or before design is finalized saves time, money, and frustration. Finding them after the fact can mean redesigning a building footprint, delaying permits, or renegotiating terms with a seller.
Frequently Asked Questions
Does a property easement mean someone else owns part of my land?
No. An easement is not ownership. The landowner retains title to the entire parcel. The easement only grants a right to use a defined area for a defined purpose, such as running utility lines or crossing the property for access.
Can I build a fence or structure over an easement?
It depends on the type of easement and its terms. Many utility easements prohibit permanent structures. Access easements may allow fences with gates. Always review the recorded easement document and check with the easement holder before building.
How can I find out if my property has an easement?
Start with the deed and any title reports on the property. Check the Salt Lake County Recorder’s Office for recorded documents. Review any subdivision plat for your parcel. A licensed land surveyor can also research and locate easements as part of a boundary survey.
Are easements shown on land surveys?
Yes, recorded easements are typically shown on boundary surveys and plats. A surveyor researches public records and plots easements based on recorded dimensions and descriptions. Some unrecorded easements may be identified through field evidence as well.
Can a property easement ever be removed or changed?
Yes, but it requires a formal legal process. An easement can be released by the easement holder through a recorded document, terminated by merger if one party acquires both properties, or extinguished by court order in certain circumstances. In Utah, abandonment alone is rarely enough without evidence of intent and non-use over time.
