Why Easements Matter More Than Buyers Realize During an ALTA Survey

Most buyers focus on where a property line sits. Far fewer ask what runs across that property, under it or along its edge.
An ALTA survey answers both questions. It shows the boundaries and it shows the easements, and those easements can shape what you’re actually allowed to do with the land.
If you’re buying, financing or developing property, understanding easements before closing can save you from a costly surprise after the deal is done.
How Easements Affect More Than Property Access
An easement is a legal right for someone other than the owner to use part of a property for a specific purpose. Most people think of easements as driveways or shared access roads. That’s only part of the picture.
Easements can cover:
- Utility lines for power, water, gas or sewer
- Drainage paths that carry stormwater across a lot
- Shared driveways or access roads between neighboring properties
- Conservation restrictions that limit clearing or building
- Sidewalk, road or right-of-way space claimed by the city or county
Each type of easement limits what an owner can do on that portion of land. You might own the ground, but you may not be able to build, fence or plant trees on it the way you’d expect.
In neighborhoods, especially older established areas, utility and drainage easements are common. Newer subdivisions often carry easements tied to stormwater management required during development approval.
Connecting Recorded Easements to Actual Site Conditions
Easements start as words on paper. A title company or attorney can tell you an easement exists and where the legal description says it runs. What they usually can’t tell you is exactly where that easement sits in relation to the driveway, the fence or the back porch.
That’s where an ALTA survey comes in. The surveyor takes the legal descriptions from the title commitment and plots them onto the actual site. This connects the recorded language to real, physical locations on the ground.
This step often reveals gaps between what the paperwork says and what’s actually built. A recorded utility easement might run directly under a shed. A drainage easement might cross land that’s already been graded and landscaped differently than planned.
Buyers, lenders and title companies rely on this connection to understand real risk, not just paper risk. Without it, you’re guessing.
When Easements Overlap Existing Buildings and Improvements
This is where easement issues get serious. An ALTA survey sometimes finds that a structure, driveway or fence sits partly or fully inside a recorded easement.
This kind of overlap, sometimes called an encroachment, can create problems including:
Insurance and Title Concerns
Title insurance may exclude coverage for issues tied to an encroachment discovered during survey. Lenders often want this resolved or addressed before closing.
Utility Access Conflicts
A utility company generally holds the right to access its easement to repair or replace lines, even if a structure sits on top of it. That can mean removing part of a deck, fence or driveway if repair work becomes necessary.
Resale Complications
A known encroachment can complicate a future sale. Buyers down the road will likely order their own survey and find the same issue, which can slow negotiations or affect price.
If an ALTA survey finds this kind of overlap on a property you’re considering, talk to your title company and attorney before moving forward. Requirements for resolving encroachments vary by title company, lender and the type of easement involved.
How Easements Can Influence Future Property Plans
Even when there’s no current overlap, easements shape what a property can become. This matters most for buyers who have plans to build, expand or subdivide.
Before finalizing plans, check whether recorded easements affect:
- Where a new structure or addition can be placed
- Whether a driveway or parking area can be widened
- Access for construction equipment during a build
- Setback requirements combined with easement boundaries
- Future subdivision or lot line adjustments
A property with generous acreage on paper can have a much smaller usable footprint once easements are factored in. This shows up often on larger residential lots and commercial sites where utility corridors or drainage easements run through the middle of otherwise buildable land.
An ALTA survey gives you this picture early, while there’s still time to adjust plans or negotiate terms.
Reviewing Easements Before the Transaction Moves Forward
Waiting until after closing to understand easements puts buyers in a weak position. Reviewing them early gives you leverage and options.
Steps worth taking before your transaction closes:
- Request the ALTA survey and title commitment together, and compare them side by side
- Ask your surveyor to point out any easements that affect buildings, access or usable space
- Confirm with your attorney or title company how any encroachment or conflict should be handled
- Ask whether easement terms could limit future construction, expansion or resale
- Build enough time into your closing timeline to review these findings properly
Requirements around easement resolution and title coverage can vary by lender, title company, municipality and the specific type of transaction. Confirm your specific requirements early, especially if your closing date or financing depends on survey results.
