How to Check Property Easements and Identify Encroachments

When you buy a property, plan a new project on your land, or even argue with a neighbor about a fence or driveway, one of the first things you may need to check is whether there is an easement or encroachment on the parcel. Buyers usually want to know if a lot is fully buildable, owners may need to confirm if utilities can run through their land, and neighbors sometimes clash over boundaries or shared access.

An easement gives someone else the legal right to use part of the land for a specific purpose–like a driveway, walkway, or utility line. An encroachment is the opposite: it is when a structure, fence, or driveway crosses into a land it shouldn’t.

It is crucial to understand easements and encroachments, where they are recorded, the places to locate plats, surveys, and title documents, how to determine easements on a property, and how to detect encroachments.

Easements vs. Encroachments 

Easement and encroachment both affect how land is used, but they differ in the rights they confer. An easement is a recorded legal right that lets someone use part of another person’s property for a specific purpose without owning it. It is a recorded right tied to the land, not the person. Common examples include:

• Utility easement: rights granted to power, water, or telecom companies.
• Access easement (right-of-way): allowing neighbors or the public to cross land.
• Drainage or conservation easements: restricting use to preserve natural flow or land quality.

Think of an easement like a permission slip attached to a piece of land. It doesn’t mean the person owns the land; it simply allows them to use a part of it for a specific purpose. For example, a neighbor has the right to drive across a corner of your yard to reach the street– a shared driveway easement. An easement is typically recorded in the deed or title records and remains with the land, even if the ownership of the property changes. 

An encroachment is an unauthorized intrusion onto a property. It happens when someone builds or places something that crosses into your property without permission. For example, your neighbors make a fence or shed that ends up on your side of the property line, or their garage that extends into your yard. Encroachment is not a legal right– it’s usually a mistake or a boundary dispute that needs to be addressed.

Easements and encroachments affect how you use, sell, or build on property. Easements are legal and permanent, unless they are changed; encroachment can create conflicts, lower property value, or lead to costly repairs if not resolved. 

Where Easements Are Recorded 

       

If you’ve ever wondered how to find easements on a property or thought, “How do I find easements on my property before I build or buy?" The answer is usually in official public records. Easements are typically written down and recorded with the county, so they “run with the land,” which means they remain tied to the property itself and remain in place even if the property changes ownership. Here are the main areas you can check:

• Plats: a plat map shows how a large piece of land is divided into lots. Easements for features like drainage or access roads are typically drawn directly on these maps. You can usually get plats from the county recorder’s office or planning department.
• Deeds: a deed is a legal document that transfers ownership of property. It usually mentions easements, which are rights allowing others to use part of the land. Sometimes the deed clearly specifies the easement details. In other instances, it may refer you to another recorded document for a more detailed description. In either case, checking the deed is the first step to see if any easement affects the property.
• Title Records or Reports: a title record or report, usually created when buying or selling property, shows all recorded easements linked to the land. It’s one of the easiest ways to see what legal rights others may have. The report lists items such as easements, restrictions, or other documents that affect ownership, helping buyers and owners understand exactly what affects the property before completing a sale.
• GIS/Online Property Maps: many counties offer online GIS (Geographical Information System) maps that allow you to view property details from your computer or phone. These maps may occasionally show easements, such as utility lines or right-of-way, along with other land restrictions. Although they are helpful for a quick look, GIS maps are generally not complete or legally accurate as official plats or deeds.

How to Find Easements on a Property 

Easements can affect how you use your land – whether it’s where you can build, where utilities run, or whether someone else has the right of access. The good thing is that most easements are recorded and can be found if you know where to look. So, if you are trying to figure out whether a property has easements, here is a practical guide that works across most counties:

Step 1: Gather the Basics

Before you start searching, gather all relevant information that will help the clerks or the online system pull up the correct records. 

• Property address
• Parcel number (also called APN or tax ID)
• Current owner’s name
• Approximate subdivision name, lot, and block (if applicable)

Step 2: Check the Deeds

• Go to the county recorder’s office, sometimes called the register of deeds office or land records.
• Ask for the most recent deed for the property.
• Look for documents titled “easement,” “right of way,” “grant of easement,” “access agreement,” or instrument references in the deed.

• You may also look up the current deed for a property online by using the owner's name, parcel ID, or address.

Step 3: Review the Plat Map

If the property is part of a subdivision, the recorded plat map often shows utility easements, drainage areas, and shared access routes. You can request a copy from the county recorder or planning office. Look for lines or shaded strips labeled “utility easement” or “right-of-way.”

Step 4: Get the Title Report

When a property is sold, a title company usually prepares a title report or commitment. This lists all recorded easements. If you’re a buyer, you’ll get this automatically. If you already own the property, you can order one directly from the title company for a fee.

Step 5: Search Online GIS Maps

Many counties now have GIS property mapping systems on their websites. Enter the parcel number or address to see property lines and sometimes easements. Although not as detailed as deeds or plats, GIS maps can provide a quick overview of the area.

Step 6: Verify with a Survey

If the exact location of an easement is unclear or you suspect an encroachment, hire a licensed surveyor. The survey will show property lines, recorded easements, and sometimes visible encroachments.

How to Find Easements using RecordsFinder

• Start with the Property Records Search on RecordsFinder
  • Enter the property address or the owner’s name.
  • Look through the deed history. Read through deed documents carefully; easements might be referenced using terms like “right-of-way,” “ingress/egress,” “utility easement,” “reserved for,” or “subject to.”

• Look for any maps, plats, or survey information in the records.
  • If plat maps or subdivision maps are part of the records, they might show easement lines.

• Check the Lien Records Search on RecordsFinder 
  • Easements are not exactly liens. However, sometimes they accompany documents or are part of encumbrance searches.

How to Detect Possible Encroachments  

Encroachment happens when something crosses onto a land where it doesn’t belong – like a fence, shed, driveway, or even tree roots. Encroachment can make a property difficult to sell or renovate, and it can also cause disputes between neighbors. Detecting them early saves time, money, and conflict. Here is a practical guide on how to spot potential encroachment.

Start with the Records

• Deed and Plat Maps: look at the property deed or subdivision plat. These documents show official property lines and may indicate easements or right-of-way that affect boundaries.
• Title Report: if the property has been sold recently, the title report may list known boundary or encroachment issues.
• County GIS Maps: many counties now offer online property maps that allow you to check lot lines.

Look for Field Clues that Signal Encroachment

Take a walk around the property with a sharp eye. If something looks off, it may be a sign of encroachment. Common red flags that may indicate encroachment include:

• Fences, sheds, or driveways sitting right on or just past the assumed boundary.
• A neighbor’s structure, such as a garage, roof eaves, or deck, hangs over your side.
• Landscaping clues: tree lines, retaining walls, or hedges that don’t seem to match the legal lot lines.
• Missing or moved markers, such as iron pins, stakes, or survey monuments, can indicate tampering or shifting boundaries.
• Utility features such as buried lines, poles, septic components, or meters installed near or over a boundary.
• Shared features like a driveway or path, for which no one seems sure who actually owns it.

While these visible signs don't prove encroachment legally, they justify a closer look. 

Measure and Compare

With a tape measure or similar tools, compare what you see on the ground with what’s on the plat or deed. For example, if your plat indicates that your lot is 70 feet wide but your fenced yard measures 68 feet, something may be crossing the boundary.

Get a Survey for Confirmation

The most reliable way you can confirm if there is encroachment on your property is to hire a licensed land surveyor. Generally, a surveyor will:

• Mark the official boundary lines on the ground.
• Show whether any structure, fence, or driveway crosses over.
• Create a map or survey drawing that you can refer to if you need to resolve the issue.

If you think that a neighbor’s fence, shed, or driveway has crossed onto your land, it helps to collect precise and simple evidence. The goal is to create a record that is easy for others, such as a surveyor, title company, or lawyer, to understand. Here are steps you can take to document encroachment:

• Take dated photos: capture wide shots to show the big picture and close-up shots for details.
• Mark measurements: use a tape measure to note distances from fixed features
• Record visible markers: photograph property pins, stakes, or survey monuments that show official boundaries.
• Create a simple sketch: draw the lot outline, mark where the structure sits, add measurements, and date the sketch.
• Save documents and dates: keep copies of deeds, plats, old surveys, permits, or contractor receipts that show when work was done.

Getting Proof & Addressing Conflicts 

Having solid proof matters when it comes to easements or encroachments. Whether you’re selling a property, planning improvements, or settling a neighbor dispute, the correct documents can make things more transparent and easier to resolve. Here are practical ways to get proof of encroachment and how to address it.

Get Copies of Official Records

Start by collecting the paperwork that shows what’s recorded against your property. You can get deeds and plats from your county recorder’s or clerk’s office and title reports from a title company or your closing paperwork if you recently purchased the property.

Ask for Certified Copies

Sometimes you’ll need to present an officially stamped copy of your property document as proof. Certified copies are considered legal proof in transactions, disputes, or when working with lenders, and are accessible at the county recorder’s or clerk’s office. Ask for certified copies of the deed, plat, easement document, or survey. Certified copies usually incur a small fee per page. 

Document what you see

Take photos of fences, driveways, or structures you think are crossing boundaries. Note measurements or distances if you’ve checked against a plat or deed. If you hire a surveyor, keep the stamped survey drawing – it is usually the most evident proof of an encroachment.

Address Conflict Practically

The following are helpful when addressing conflict with a neighbor or another party over encroachment:

• Negotiate informally: share what you’ve found in the records or survey. Many neighbor issues can be resolved through open and honest conversation. For example, agreeing to move a fence or share a driveway.
• Put the agreement in writing: if you and your neighbor agree on a solution, such as allowing a fence to remain, document it, and, if possible, have it notarized. This helps avoid confusion later.
• Record agreements when necessary: some agreements, like a new easement or boundary adjustment, can be filed with the county so they “run with the land” and stay clear for future owners.
• Use a mediator or land-use expert: they can help guide discussions and offer neutral advice, especially if the records you have conflict with those of your neighbors or someone refuses to cooperate.

FAQs About Easements & Encroachments

Here are answers to common questions asked about easements and encroachments.

How do I find utility easements on my property?

Check your deed, plat map, or title report. Many utility easements are drawn on the subdivision plat or listed in recorded documents. You may also use third-party platforms like RecordsFinder to find utility easements on your property. Also, call your county clerk or recorder’s office to ask, “How do I find a utility easement on my property?”

Can I find easements on a property for free?

Yes. County recorder’s offices typically let you view deeds and plats for free. Some counties also have free online GIS maps. While survey and title reports may incur costs, basic easement information is usually free to access.

What is a blanket easement, and how do I handle it?

A blanket easement grants broad rights over an entire property without designating a specific location, typically for the purpose of utilities. To handle it, check your title report or ask a surveyor or title company to clarify where it applies on the ground. 

Can I build a fence or shed over an easement?

Usually not. Easements typically permit access for maintenance or repairs, and any structures built on the property could be removed at your expense. Always check the easement document and consult with the utility or easement holder before commencing construction.

How do I remove or relocate an easement?

You’ll need written consent from the person who holds the easement, and often a new recorded agreement. Some easements can’t be removed, but others can be modified if both sides agree.