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

Finding easements

How do I read a title commitment for easements?

Focus on Schedule B of the title commitment. This section lists every recorded exception, including easements, covenants, and rights-of-way that affect the property.

A title commitment is the title company's promise to issue a policy. Schedule A identifies the property and proposed insured. Schedule B lists the exceptions the policy will not cover, and that is where easements live.

Each Schedule B item should reference a recorded document, such as a deed book and page number or an instrument number. Use those references to pull the actual easement document from the county recorder.

Do not rely on the title commitment alone. The commitment summarizes the exception; the underlying document defines the easement's width, location, purpose, and restrictions. Read both together.

What this looks like in practice

A title commitment has a predictable shape. Schedule A says who owns what and what is being insured. Schedule B-I lists requirements that must be satisfied before the policy issues. Schedule B-II lists exceptions, the things the policy will not cover, and this is where easements, covenants, and rights-of-way live.

Read Schedule B-II line by line and treat each entry as a pointer to a document, not as a description of one. An exception reading 'Easement as shown on the plat recorded in Book 12, Page 44' tells you nothing about width, purpose, or location. Order the underlying instrument for each exception that could touch the area you care about.

What to do next

  1. 1Confirm the legal description in Schedule A matches the property you are buying.
  2. 2Work through Schedule B-II and record every book, page, or instrument number.
  3. 3Pull the recorded documents from the county recorder, clerk, or register of deeds, most offices provide a certified copy for a few dollars per page, and many publish a free online index.
  4. 4Plot the exceptions on a survey or site plan and flag anything crossing the buildable area.

What to look for

  • Schedule B exceptions labeled as easements, rights-of-way, or covenants.
  • Recorded document references for each exception.
  • The legal description and map or exhibit attached to the easement.
  • Any blanket or unlocated easements that affect the whole parcel.

Questions people ask next

What does 'blanket easement' mean in an exception?

That the easement covers the whole parcel rather than a defined strip, usually because the grant predates the facilities. It is a genuine title concern because the burden's location is unfixed.

Can I get an exception removed?

Standard survey exceptions can often be deleted by providing a current survey. Recorded easements generally cannot be removed from the policy. They are real encumbrances, not paperwork problems.

Who pays for copies of the recorded documents?

Buyers usually can request them from the title company at no extra charge, and county recorders sell copies for a small per-page fee.

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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