General reference only. Not legal advice. Talk to a licensed attorney in your state about your situation. Details

County recording

How to search a county recorder's office for easements on your lot

Published · Easements.com research desk · Editorial advisor

Almost every easement that binds a residential lot in the United States is written down in one place: the land records kept by the county. Depending on the state, that office is called the recorder, the register of deeds, the county clerk, or the clerk of court. The name changes; the job does not. The office keeps a copy of every deed, mortgage, plat and easement that someone paid to record, and it indexes them so the public can find them.

Title companies search these same records before a closing. You can too. It takes patience rather than special access, and knowing how the index works saves hours.

Start with the right office and the right name

Land records are kept at the county level in nearly every state. A handful of New England states keep them by town instead, and Louisiana uses parish clerks. Before searching, confirm which office holds records for the lot's location, not the mailing address. A house with a city mailing address may sit in an unincorporated part of a neighboring county.

Next, collect the names of everyone who has owned the lot. Recorder indexes are organized by party name, not by street address. The current deed usually names the prior owner as grantor, and that prior deed names the owner before them. Following that chain backward is how you find easements granted decades ago.

How the grantor-grantee index works

Every recorded document lists at least two parties. The grantor gives an interest and the grantee receives it. When a homeowner signs an easement to a power company, the homeowner is the grantor and the utility is the grantee. Searching the grantor index for each past owner's name surfaces every easement, mortgage and deed they signed.

Look for document types labeled easement, right-of-way, grant of easement, dedication, declaration, covenants or plat. Many online indexes let you filter by document type. When a result looks relevant, note the instrument number or book and page. That reference is the permanent address of the document and is what a title commitment will cite in Schedule B.

  • Search each past owner as grantor, not only the current owner.
  • Try spelling variants and middle initials; indexes are literal.
  • Search the developer or builder's name for subdivision-wide easements.
  • Record every instrument number you open so you can cite it later.

Do not skip the recorded plat

Most utility and drainage easements in a modern subdivision were never granted lot by lot. The developer drew them on the subdivision plat, and recording the plat created them for every lot at once. The plat is usually indexed by subdivision name, with a plat book and page or a cabinet and slide number.

Your deed's legal description normally names the subdivision, block and lot. Use that to find the plat, then read the notes and the dashed or shaded strips along lot lines. Widths are commonly written right on the drawing, such as a 10-foot utility easement along the rear line.

Online portals, fees and copies

A growing number of counties publish their index and document images online. Some are free to search but charge a small per-page fee for copies; others require an account. Older records, often those recorded before the 1980s or 1990s, may only be available on microfilm at the office itself.

If the portal is limited, call the office. Staff cannot give legal advice, but they can tell you how far back the online index goes, whether plats are scanned, and what copies cost. For a certified copy, ask specifically, because certified copies usually cost more than plain ones.

What a records search cannot show

The recorder only holds documents someone chose to record. Easements created by long use (prescriptive easements) or implied by how land was divided can exist with no document at all. A records search also does not tell you where an easement sits on the ground when the document describes it loosely, such as a blanket easement over the whole parcel.

That is why a title commitment and, where location matters, a boundary survey remain the standard tools before buying or building.

What this means for you

  1. 1Search by owner name through the full chain of title, not by street address.
  2. 2Pull the recorded subdivision plat; it holds most residential utility easements.
  3. 3Keep every instrument number so you can match it against Schedule B of a title commitment.
  4. 4Expect unrecorded easements to exist; a records search is a floor, not a ceiling.

Related questions

General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.

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