Written by Megan Hafenstein, as originally published in The Reverse Review.

An easement or right-of-way is an agreement that vies an individual, company or municipality the right to use a landowner’s property in some way. An easement is for a stated purpose, while a right-of-way grants rights to travel across a property. While granting rights, both have the effect of partially restricting an owner’s use of those portions of land affected.

Easements and right-of-ways are usually registered on the title to the property. They “run with the land” and are automatically transferred from one owner to another as the land is sold. Easements remain on the title until the holder of the easement discharges their rights from the certificate of title. An argument for removal must be based upon proof that the easement is no longer needed. The landowner who grants an easement usually cannot build structures within an easement area or use fencing that would hinder access.

Maintenance of the property is the responsibility of the landowner. If the holder of the easement or right-of-way causes any damage, they must restore the property or pay damages. Structures owned by the holder of the easement are not the responsibility of the landowner. It is possible that an easement or right-of-way will affect the value of property. Most restrictions on property use are based on either access or safety. Some of the restrictions may be negotiable, while others may be specified by government regulation and are non-negotiable.Restrictions may affect a significantly larger portion of the property than the area defined in the easement or the right-of-way agreement.

It is important not to assume that because an easement is not currently being used, that it will never be used. As long as an easement is part of a deed there’s always a possibility that the individual who benefits from it will decide to enforce it.