Begin with the buyer's intended use and correct parcel
An easement matters in context. A buyer planning an addition, fence, pool, driveway gate, landscaping, accessory unit, solar installation, excavation, or subdivision may need different answers from a buyer simply confirming reliable access. List the intended use without assuming it is allowed. Verify every parcel and included interest with the property identity guide.
Create separate rows for potential access, private road, shared driveway, utility, drainage, stormwater, sewer, conservation, trail, view, parking, reciprocal, maintenance, or other rights. These labels are search categories, not legal conclusions.
1. Trace recorded easement documents
Use the public-records Pathfinder to locate the county recorder or clerk. Open the latest deed, prior instruments cited in its legal description or exceptions, the subdivision plat, and every easement instrument referenced by number or book/page. Search parcel, subdivision, grantor/grantee, utility, association, and known instrument identifiers.
For each document, capture recording/execution dates, parties, benefiting and burdened land as written, stated purpose, location description or exhibit, width/dimensions, permitted activities, access conditions, maintenance/cost language, duration, relocation or termination terms, amendments, assignments, and referenced agreements. Do not summarize “utility easement” until the full instrument confirms the purpose and land.
2. Compare the plat, survey, title work, and visible site
Review the recorded plat and a suitable current survey using the property-survey guide. Ask the surveyor which recorded easements were provided, researched, or depicted; how location was derived; and what field evidence or limitations apply. An assessor GIS layer or utility map can guide questions but is not automatically a boundary or easement-location survey.
Walk the property only with permission and from safe access. Record visible roads, tracks, gates, utility equipment, poles, pipes, drains, swales, paths, structures, fences, or use crossing the property. Observation does not establish legal rights. Conversely, the absence of visible use does not prove that a recorded or other right is extinguished.
3. Reconcile title exceptions and maintenance evidence
Compare each document with the title commitment using the title-commitment guide. Ask which easements are shown as exceptions, which appurtenant rights are included in the proposed insured land or interest, what survey coverage is available, and what additional documents or endorsements may be relevant. The title provider can explain its proposed policy; a qualified local attorney should address interpretation or transaction rights.
For shared driveways, roads, wells, sewer lines, drainage systems, docks, or other shared facilities, request maintenance agreements, allocation formulas, invoices, reserve or association records, insurance documents, dispute notices, and current contact information. A history of informal cost sharing does not necessarily establish future legal duties.
4. Test the intended plan against separate authorities
Give the easement and survey evidence to the relevant planner, building authority, utility, association, designer, lender, insurer, title professional, surveyor, and attorney. An easement may affect a project, but zoning, setbacks, permits, utility standards, drainage, fire access, private restrictions, and site conditions are separate tracks. Use the zoning guide rather than assuming private permission equals public approval.
Do not advise a buyer to obstruct, relocate, terminate, or negotiate an easement without qualified guidance and proper authority. Preserve deadlines if survey, title, attorney, utility, or design review cannot be completed during the transaction.
Easement evidence decision table
| Evidence | What it can support | What it cannot establish alone |
|---|---|---|
| Recorded easement | Rights, land descriptions, purpose, and terms written in instrument | Current interpretation, surveyed location, enforceability, or complete amendments |
| Recorded plat | Easements, notes, lots, and dimensions depicted | Full terms, current field location, or every later instrument |
| Survey | Easement depiction and field evidence within certification/scope/date | Legal effect, title coverage, hidden facilities, or unprovided documents |
| GIS/utility map | Approximate mapped infrastructure or parcel context | Surveyed boundary/easement location or private legal right |
| Visible use | Conditions observed at a documented time | Permission, scope, duration, abandonment, or maintenance duty |
| Maintenance agreement/invoices | Written allocation or historical charges shown | Future performance, every participant's duty, or absence of dispute |
| Title commitment | Proposed coverage, exceptions, and requirements as of effective date | Final coverage or legal opinion on use and remedies |
Printable easement ledger
| Easement/question | Instrument/benefit/burden | Plat/survey depiction | Visible use/facility | Maintenance/title evidence | Intended-use conflict | Owner/deadline |
|---|---|---|---|---|---|---|
| Access/driveway/road | ||||||
| Utility/drainage/sewer | ||||||
| Conservation/other |
Move unresolved rows to the home-offer evidence worksheet and buyer due-diligence checklist. A useful buyer record identifies the exact question and responsible professional; it does not output an automated legal verdict.
Questions for shared facilities and recurring costs
For a private road, shared drive, drainage feature, sewer, well, dock, gate, or similar facility, ask who currently coordinates work, who can approve it, how routine and capital costs are allocated, which users participate, what insurance exists, and how disputes or nonpayment are handled under the documents. Request recent invoices, planned work, meeting records, condition reports, and any unpaid balances relevant to the transaction. Historical cooperation is helpful context but not a promise. Keep physical condition, legal rights, maintenance duties, insurance, and future budgeting as separate evidence fields. Ask whether emergency access, seasonal conditions, gates, keys, snow, drainage, or planned construction change practical use. Document the answer without converting current custom into a permanent legal right.
