Types of easements
How far down does an easement go?
An easement reaches only as deep as the grant and its purpose require. A pipe easement covers the space the pipe and its upkeep need, and you keep the rest of the ground unless the document says otherwise.
An easement is a limited right to use land for a stated purpose, not ownership of the land. A utility easement for a buried line lets the holder place and service that line. It does not hand over an unlimited column of earth below your lot.
Courts read the scope from the document, and when it is silent they usually allow what is reasonably necessary for the purpose. Because of that, how far down an easement goes depends on what was granted and what the use actually requires, not on a fixed depth.
Minerals are a separate question. An ordinary utility easement does not transfer oil, gas or other minerals, which are owned and leased on their own terms. Check the grant for language about the subsurface, and check your title for any separate mineral reservation.
What this looks like in practice
A water main easement lets the city lay, repair and replace its pipe in a strip across your yard. The city may dig down to the pipe and enlarge the trench when it repairs it. It cannot, because of the easement, claim the ground below the pipe or use it for something unrelated.
Overhead lines work the same way in the air. The easement covers the clearance the line needs, not everything above your lot. That is why a tall tree or a new roof edge near a wire becomes a question about the easement's stated purpose and clearance.
What to do next
- 1Read the grant for its stated purpose and any words about underground or overhead use.
- 2Pull the recorded plat or grant from the county recorder, clerk, or register of deeds; many offices publish a free online index.
- 3Check your title commitment for a separate mineral reservation, which is a different right from the surface easement.
- 4Ask the easement holder in writing what facilities exist and what work they plan, if you are unsure about scope.
What to look for
- Words describing the purpose, such as "to lay, maintain and replace a pipeline".
- Any mention of "subsurface", "underground" or "minerals" in the grant.
- Overhead language, since lines also use the space above, with clearance rules.
- A separate recorded mineral reservation that is unrelated to the surface easement.
Questions people ask next
Does a utility easement include mineral rights?
Not unless the document says so. Minerals are usually owned and leased separately, and a utility easement for a pipe or wire does not transfer them.
Can the utility add more lines later?
Sometimes. Courts look at the grant's wording and whether the new use is within its purpose, so a general utility grant may allow more than a grant for one named pipeline.
Can I build a basement under an easement?
That depends on the strip and the facilities in it. Excavating below a buried line or inside the strip needs the holder's agreement and local approvals.
Look it up in your county
Your recorded document and county map decide the answer. These county record hubs link straight to the recorder search and published maps.
Cook County, IL
Links to the county recorder and parcel maps, where you can pull the grant and read exactly what it allows below and above the ground.
Open the Cook County record hubKing County, WA
Offers recorder search and a parcel service with a large record count, a fast route to the instrument that defines an easement's scope.
Open the King County record hubLos Angeles County, CA
Provides recorder access and parcel maps useful for pulling the original grant.
Open the Los Angeles County record hub
See every Illinois county hub or browse all county record hubs.
Related terms
People also ask
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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