Easements, encroachments, and rights-of-way show up on land surveys more often than most developers expect. And when they do, they can stop a project cold. Knowing what each one means, and how it affects your land, helps you plan smarter and avoid costly surprises.
Why Easements, Encroachments, and Rights-of-Way Often Matter More Than Property Lines
Owning a piece of land does not mean you can do whatever you want with every inch of it.
Property lines tell you where your land ends and your neighbor’s begins. But other recorded interests can limit how you use what you legally own. A utility company may have the right to run lines through your parcel. A neighboring property may have legal access across part of your land. A public corridor may cut through a section you planned to build on.
These restrictions do not disappear just because the boundary lines are clear. They attach to the land itself. That means they follow the property from one owner to the next.
For developers, this matters at every stage. A parcel that looks clean on paper may carry recorded interests that affect grading, access, utility placement, or structure setbacks. Identifying them before you close on a property, or before you pull permits, keeps your timeline and your budget intact.
How Easements Can Influence What You Build on Your Property
An easement gives someone other than the owner a specific right to use part of a property. That right is usually tied to a defined area shown on a survey.
Here is where developers run into trouble:
- Utility easements often run along rear or side lot lines. Permanent structures cannot be built within them. That includes garages, additions, and some types of fencing.
- Drainage easements restrict grading and filling. You may not be able to alter the ground surface within those areas without approval.
- Access easements allow a third party to pass through your property. Construction activity, fencing, or landscaping that blocks that path can create legal exposure.
- Conservation easements limit development activity to protect natural features. These can be broad and are often permanent.
Before designing a site plan, know where every easement sits. A surveyor can locate and mark them. Your attorney can pull the recorded documents and explain exactly what each one permits or prohibits.
Do not assume that because a previous owner built near or over an easement that you are free to do the same. Violations can lead to required removal at your expense.
Common Encroachment Issues Revealed During a Land Survey
An encroachment happens when a structure or feature from one property crosses onto another. Surveys catch these issues regularly, and they are rarely simple to resolve.
Typical encroachments found during a survey:
- A fence built a few feet over the property line
- A driveway that widens onto an adjacent parcel
- A shed or accessory structure sitting partially on a neighbor’s land
- Landscaping, retaining walls, or tree roots that cross the boundary
- A building overhang or eave that extends beyond the lot line
These problems are not just between neighbors. An encroachment can complicate a sale, delay financing, and create title issues that take time and money to clear.
For developers, encroachments on a property you are acquiring can mean inheriting a legal dispute. Encroachments by your project onto another parcel can mean stop-work orders or demolition requirements.
The earlier a survey identifies these issues, the more options you have. Waiting until you are mid-construction leaves you with far fewer.
Understanding the Difference Between Public and Private Rights-of-Way
A right-of-way is a strip of land set aside for access or travel. It may be public or private, and the distinction matters for development.
Public Rights-of-Way
Public rights-of-way are controlled by a government entity. Streets, sidewalks, and public utility corridors typically fall into this category. The adjacent property owner may hold title to the land under the right-of-way, but the public has an established right to use it.
You cannot build permanent structures in a public right-of-way without approval. Grading, utility work, and curb cuts within this area require permits and coordination with the governing authority.
In Kansas City, public right-of-way widths vary by street classification. A surveyor can identify the exact boundaries. That information should be confirmed before site planning begins.
Private Rights-of-Way
Private rights-of-way are access agreements between private parties. A landowner may grant a neighboring owner the right to cross their land to reach a road or another parcel. These are recorded in the deed or as a separate instrument.
Private rights-of-way carry maintenance responsibilities and use limitations that vary by agreement. Blocking or obstructing them can result in legal action.
Both types appear on a boundary survey. Review them carefully before finalizing a site plan.
What to Do When a Survey Identifies an Easement, Encroachment, or Right-of-Way
Finding one of these on a survey is not automatically a dealbreaker. But it does require a clear process.
Step 1: Pull the recorded documents. Your surveyor or title company can provide copies of the original easement, deed restriction, or right-of-way agreement. Read the full document, not just the summary.
Step 2: Understand the scope. What is permitted? What is prohibited? Are there expiration dates or conditions? Some easements are narrow and have little impact on your plans. Others are broad and may require redesigning the project.
Step 3: Consult the right professionals. An attorney familiar with real property law can interpret recorded language and advise on your options. A civil engineer or site planner can evaluate how the restriction affects your design. Your surveyor can help you understand the physical location and dimensions.
Step 4: Evaluate the impact on your project. Can the project move forward as planned? Does the design need to be adjusted? Is there a conflict that needs to be resolved before construction starts?
Step 5: Address conflicts before closing or construction. Encroachments that cross onto a neighboring parcel may need to be resolved through a recorded agreement or physical removal. Easements that conflict with your plans may need to be vacated or renegotiated. These take time, so start early.
Frequently Asked Questions
Does an easement mean someone else owns part of my property?
No. An easement gives another party the right to use a portion of your land for a specific purpose. You still own the land. But that right of use is legally enforceable, and it limits what you can do within the easement area.
Can I build a fence or structure within an easement area?
It depends on the type of easement. Many utility and drainage easements prohibit permanent structures. Some pedestrian or access easements allow fencing as long as access is not blocked. Always review the recorded document before building anything within an easement.
What is the difference between an encroachment and an easement?
An easement is a recorded, legal right to use part of another person’s property. An encroachment is an unauthorized intrusion. A fence built over a property line without permission is an encroachment. A utility line crossing your property with a recorded agreement is an easement.
Are rights-of-way always shown on a land survey?
A boundary survey should identify recorded rights-of-way that affect the subject property. However, not all surveys include the same level of detail. A full ALTA/NSPS survey provides the most complete picture, including easements, rights-of-way, and encroachments. Confirm the survey type with your surveyor based on the needs of your project.
Can an encroachment create problems when selling a property?
Yes. Title companies will flag encroachments during the review process. Buyers, lenders, and their attorneys will want them resolved before closing. An unresolved encroachment can delay or kill a transaction.
