For many people, ownership of property means that you should be able to build what you want, where you want. However, property ownership often comes with built-in legal limitations. Easements are one of the most common of those limitations.
Essentially, an easement is a legal right that allows someone else to use a portion of your property for a specific purpose. The Minnesota Supreme Court has defined an easement as “an interest in land in the possession of another which entitles the owner of such interest to a limited use or enjoyment of the land in which the interest exists.” So, you still own the land, but your ability to use it is restricted in certain areas. Additionally, most easements are recorded and tied to the property itself, meaning they apply to future owners and not just the person who originally agreed to them. While easements can come in many forms, utility easements often show up in everyday projects for homeowners.
An easement’s nature and extent are to be determined by an examination of the written agreement creating it, under appropriate rules of construction. For example, utility easements often allow utility providers to install and maintain infrastructure for things like power lines, gas lines, water systems, sewer lines, and telephone wires. Utility easements can significantly limit what a property owner can do with certain parts of their land and can lead to a frustrating outcome for homeowners. For example, a fence gets installed or landscaping is completed, only to later be flagged as violating a utility easement. In most cases, the easement generally takes priority over the homeowner’s plans if the plans hinder the purpose of the easement.
Even trees can become a point of tension when it comes to utility easements. In one Minnesota case, homeowners came home and were shocked to discover that several trees that were located on the city right-of-way between their lot and the paved roadway had been cut down because they were in an existing easement. The landowners challenged the scope of that work, but the Minnesota Supreme Court recognized that utilities have the right to clear vegetation when needed to access and protect their infrastructure. This case shows that even well-established trees can be cut back or removed if they interfere with easement rights.
Another common type of easement involves drainage and stormwater. These easements provide a way to permanently manage how water moves across a property. They often cover things like pipes, swales, ditches, and retention ponds, and they also allow cities access to maintain that infrastructure. When I was a kid, I thought the ponds in my neighborhood were just for looks or skating. In reality, they are made to handle stormwater and stop flooding.
As drainage easements are meant to preserve how water moves across properties, disrupting that flow as a homeowner can affect more than just your own yard. In another Minnesota case, a homeowner built a berm to stop water from crossing her property, but this pushed water onto a neighbor’s land and caused significant flooding. The city stepped in and told her to take down the berm and put back the drainage pattern to how it was before. The work violated the terms of the drainage easement. So, what began as a simple fix turned into a legal fight and reconstruction costs. The lesson from this case is that you should be aware of any drainage easements on your property, and if you change how water flows, especially in areas with defined drainage easements, you could be responsible for any damage it does to nearby property.
Easements are often invisible, so the best way to identify a utility easement is to look at title documents, recorded plats, or a property survey. Easements should be in writing and recorded. Additionally, under Minnesota law, Minnesota homeowners must call 811 (Gopher State One Call (GSOC))) at least two business days before starting any excavation. This free service is mandatory, even for small projects like planting trees, installing fences, or landscaping. Utility boxes, poles, or weird grading can sometimes be clues a utility easement exists. However, what ultimately determines a utility easement is the legal record and not how the land looks.
Utility easements are a reminder that property ownership may not give an owner absolute control of their property. Therefore, knowing where easements that may exist on your land before starting a project can help avoid costly mistakes and even legal disputes.
