Types of easements

Who owns the land under an easement?

You do. An easement transfers a right to use part of your land, not ownership of it — you keep title, you keep paying the tax, and you keep any use that does not interfere.

This is the single most common misunderstanding about easements. The strip does not belong to the utility, the neighbor, or the city. It remains part of your parcel, counts toward your lot area for most zoning purposes, and passes with your deed when you sell.

What the holder has is a limited right defined by the grant: to cross, to maintain lines, to move water. Anything outside that stated purpose is not theirs to do, which is why the purpose clause is worth reading carefully.

Two exceptions cause confusion. A public road corridor may be held in fee by the agency rather than as an easement, in which case they really do own it. And an exclusive easement in gross can bar even the landowner from the corridor, which is close to ownership in practice if not in name.

What this looks like in practice

Ownership questions usually surface around taxes and lot area. Owners assume the encumbered strip has been carved out of their parcel and are surprised to see it still counted in their assessment. It is counted because it is still theirs; the utility bought a right of use, not the dirt.

The practical consequences run in your favor more often than owners expect. You can generally mow it, cross it, plant shallow-rooted grass on it, and count it toward lot area for zoning. What you cannot do is anything that gets in the holder's way.

What to do next

1Read the granting words: "grants an easement over" is a use right; "conveys" a described strip is a sale of land.
2Check whether the grant is exclusive, which limits your own use of the corridor.
3Look at the assessor's record to see how the encumbered area is being valued.
4Where a public road abuts, confirm whether the agency holds fee title or only a right-of-way easement.

What to look for

Whether the instrument is an easement or a fee conveyance, the granting words differ.
Whether the easement is described as exclusive, which restricts your own use.
How the assessor treats the encumbered strip; some reduce value for heavy corridors.
Your remaining rights: mowing, crossing, and shallow landscaping are usually still yours.

Questions people ask next

Do I pay property tax on the easement strip?

Yes, because you still own it. Some assessors will reduce the assessed value for a heavily restricted corridor, but you generally have to raise it with them rather than expecting an automatic adjustment.

Does the easement area count toward my lot size?

For most zoning calculations, yes, the land is still part of your parcel. Buildable area is a separate question, and that is where the corridor does real damage.

Can I sell the land under an easement?

Yes. You sell it subject to the easement, which continues in favor of the holder exactly as before. The buyer takes the same rights and the same restriction.

Related terms