Easements explained
An easement is a recorded right for someone else, often a utility or the city, to use part of your lot, for example for power, water, sewer, drainage or access. You still own the land, but building on it is restricted: cities often refuse buildings over utility easements without the utility's written approval, and structures allowed there can be removed at the owner's expense.
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- Bellevue, Washington, lists those utilities when it explains that buildings generally may not be built over utility easements.[1]City of Bellevue, Washington, Building Setbacks
- Hastings, Minnesota, asks for a site plan that shows the deck's distances from property lines, utility easements, power lines and other structures.[5]City of Hastings, Minnesota, Deck permit requirements
- Tamarac, Florida's utility easement agreement limits structures in the easement to minor structures only, such as a sign, a fence or slight encroachments of concrete, bans drainage structures, and allows bushes, shrubs and flowers but no trees.[2]City of Tamarac, Florida, Utility Easement Encroachment and Hold Harmless Agreement
- Columbia County's agreement also states that the encroachment is a permissive use, revocable by the county, that never becomes the basis of a prescriptive right, easement or title.[3]Columbia County, Georgia, Encroachment Agreement
- California's transfer disclosure statement asks the seller about "any encroachments, easements or similar matters that may affect your interest in the subject property".[8]California Department of Real Estate, Disclosures in Real Property Transactions (6th…
What is an easement?
An easement is a right someone else holds over part of your land. You keep owning the strip, but another party may use it for a defined purpose. On a typical home lot, the common ones are:
- Utility easements: power, water, sanitary sewer, storm sewer, telecommunications;
- Drainage easements: swales and channels that carry storm water across lots;
- Access easements: a shared driveway or private road crossing one lot to reach another.
Bellevue, Washington, lists those utilities when it explains that buildings generally may not be built over utility easements[1].
Where do you find your easements?
On paper, not on the ground. Bellevue says easements are often shown on the recorded plat or on the title report[1].
Once you know them, the city wants to see them. Hastings, Minnesota, asks for a site plan that shows the deck's distances from property lines, utility easements, power lines and other structures[5]. Marriott-Slaterville, Utah, lists easements, public utilities and drainage among the items a residential site plan must show[6].
Can you build on an easement?
Start from no, then look for the exceptions your city allows.
Buildings. In most cases, Bellevue does not allow buildings over utility easements without written approval from the associated utility, and tells owners to research their easements to see what allowances and restrictions apply[1].
Minor structures, by agreement. Some cities allow small things under a signed agreement. Tamarac, Florida's utility easement agreement limits structures in the easement to minor structures only, such as a sign, a fence or slight encroachments of concrete, bans drainage structures, and allows bushes, shrubs and flowers but no trees[2].
Drainage easements. Washoe County, Nevada, lists work located in drainage ways or easements among the projects that may be denied a permit, and says a demolition permit may be required to bring the property into compliance[4].
Who pays when the utility needs the space?
You do, if you built there. The agreements cities make owners sign say so in plain words:
| Agreement | What the owner accepts |
|---|---|
| Tamarac, Florida | To immediately remove at its own expense any encroachment in the city's utility easement once notified, and to post a sign stating the structure may be removed without notice and at no cost to the city[2] |
| Columbia County, Georgia | To remove the encroachment at the owner's sole expense if it interferes with the utility, or if the county must excavate or add a utility; if the owner does not, the county may remove it and bill the owner for the costs[3] |
Columbia County's agreement also states that the encroachment is a permissive use, revocable by the county, that never becomes the basis of a prescriptive right, easement or title[3]. A fence that has stood in an easement for twenty years does not turn the strip into yours.
Access easements and setbacks
Access easements also move your building line. In Bellevue, when a front setback is required from an access easement located on your property, the setback is measured from the interior edge of the easement, and a setback of at least 10 feet is always required from an access easement[1]. See setbacks explained.
Easements can also help
Not every easement takes space away. In Saint Paul, Minnesota, the setback of an accessory building from interior lot lines in a rear yard is waived when a maintenance easement is recorded for the affected properties, proof of it is provided with the building permit application, and the building stays at least 3 feet from any building on the adjoining lot (zoning Sec. 63.501, as amended by Ordinance 23-43)[7].
When you sell
Easements and encroachments are disclosure items. California's transfer disclosure statement asks the seller about "any encroachments, easements or similar matters that may affect your interest in the subject property"[8].
Put the easements on the plan before the city does
Your YesPermit file starts from your city's rules and your documents: we draw the site plan with the easements you give us from your plat, title report or survey, place the project outside them, and tell you when the city or the utility requires an approval.
We handle the permit. You build your project.
- Your city's rule, for your addressThe code section, its link and the date we checked it.
- Site plan and dimensioned drawingsDistances to your property lines, ready for the application.
- The form, where to file it, and the published feePlus the documents list and an HOA request template.
- Reviewed, then revised until approvedWith All-in, after every comment from the city, for up to 6 months.
Common questions
Can I put a shed on a utility easement?
Usually not without permission. Bellevue, Washington, says that in most cases buildings may not be built over utility easements without written approval from the utility. Where a city does allow minor structures, it can make you sign an agreement to remove them at your own expense.
Can I build a fence across an easement?
Sometimes, under conditions. Tamarac, Florida's encroachment agreement limits structures in its utility easements to minor ones such as a sign, a fence or slight encroachments of concrete, and the owner must remove any encroachment at their own expense once notified.
How do I find the easements on my property?
Bellevue, Washington, says easements are often shown on the recorded plat or on the title report. They must then appear on the site plan you file with your permit.
Does a long-standing fence in an easement become mine?
Not under an encroachment agreement like Columbia County, Georgia's, which states that the encroachment is a permissive, revocable use that never becomes the basis of a prescriptive right, easement or title.
We handle the permit. You build your project.
- Your city's rule, for your addressThe code section, its link and the date we checked it.
- Site plan and dimensioned drawingsDistances to your property lines, ready for the application.
- The form, where to file it, and the published feePlus the documents list and an HOA request template.
- Reviewed, then revised until approvedWith All-in, after every comment from the city, for up to 6 months.
Sources
- City of Bellevue, Washington, Building Setbacks (utility and access easements). Checked October 13, 2026.
- City of Tamarac, Florida, Utility Easement Encroachment and Hold Harmless Agreement. Checked October 13, 2026.
- Columbia County, Georgia, Encroachment Agreement (county utility easement). Checked October 13, 2026.
- Washoe County, Nevada, Building Program, Work Done Without A Permit. Checked October 13, 2026.
- City of Hastings, Minnesota, Deck permit requirements. Checked October 13, 2026.
- City of Marriott-Slaterville, Utah, Residential Building Permit Plan Submittal Requirements. Checked October 13, 2026.
- City of Saint Paul, Minnesota, Ordinance 23-43 (2023), zoning Sec. 63.501, Accessory buildings. Checked October 13, 2026.
- California Department of Real Estate, Disclosures in Real Property Transactions (6th edition, 2005), Real Estate Transfer Disclosure Statement. Checked October 13, 2026.