Understanding Real Estate Easements Before Buying a Home

You’re touring a beautiful Florida home. Big yard. Long driveway. Everything looks perfect—until your agent says, “There’s an easement on the east side of the property.”

Wait, what does that mean?

What Is a Real Estate Easement?

An easement is a legal agreement that allows someone else limited access or use of part of your property. It doesn’t mean they own it—just that they have a right to use it.

Common types include:

• Utility easements (for electric, water, cable lines)
• Shared driveway easements
• Access easements (when someone must pass through your property to reach theirs)

These are common throughout Florida, especially in more established areas like Sarasota and Bradenton.

Why Buyers Should Care

Easements might sound minor, but they can affect:

• Where you can build (e.g., fences, additions, sheds)
• Your future landscaping plans
• Privacy and access

Some easements are recorded in county records and show up on the property survey. Others might be informal or historical—which is why due diligence is so important.

How to Know If a Property Has an Easement

1. Request a Survey: This document shows boundaries, structures, and recorded easements.
2. Title Search: The title company will often identify recorded easements during your transaction.
3. Ask the Seller or Agent: Sometimes easements aren’t visible but are known to long-time owners.

In Florida, disclosure rules require sellers to share known easements that affect the use or value of the home.

Can Easements Be Removed?

Sometimes—but not always. Utility easements are usually permanent. Others (like shared driveways) may be modified or released with agreement from all parties and legal filings.

Be cautious about assuming you can remove or build over an easement. In most cases, doing so violates local laws or utility rights.

Real Florida Example:

A buyer in Bradenton wanted to build a pool on the side yard—only to discover a buried utility easement running through it. The pool plans had to be scrapped, saving them a major financial mistake.

Final Advice for Buyers

Easements aren’t deal breakers, but you should understand them before making an offer. That’s where a knowledgeable agent can help.

📞 Call Michael at 941.400.8735 for a free review of the survey and easements before you buy. It’s better to know now than be surprised later.

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