Understanding Easements in Indiana: What Every Property Owner Should Know

An easement gives someone else the legal right to use a portion of your property for a specific purpose. Indiana easement law is more nuanced than most people expect and the specific facts of your situation matter enormously. Read on to understand how easements are created, what rights they grant, and how they can affect your property.

What Is an Easement?

An easement is a legal right that grants an individual or entity the permission to use another person’s property for a specific and limited purpose. Easements are common in Indiana and can affect how you use, develop, or sell your property. Whether you are buying a home, developing land, or resolving a dispute with a neighbor, understanding how easements work is important.

How Easements are Created.

There are several ways an easement can be created under Indiana law.

An express easement is a written agreement between the property owner and the party receiving the easement. It’s the most common type of easement and is usually recorded with the county recorder’s office to be included in the property’s chain of title. Note that an express easement can be created either by grant, where the owner directly conveys the easement to another party or by reservation, where the owner sells a parcel but retains an easement over the land being sold. Either way, Indiana law requires a written instrument that describes the land with enough specificity to identify it.

An easement by necessity arises when a property is landlocked and has no access to a public road without crossing a neighboring property. In these situations, the law may grant an easement to allow the landlocked owner reasonable access.

An easement by prescription, can form when someone uses your land openly and without permission for 20 years—which is why it’s worth paying attention to how others are using your property.

Easements can differ by who they benefit. An appurtenant easement benefits a specific neighboring property, known as the dominant estate, and burdens the property over which the easement runs, known as the servient estate. This type of easement automatically transfers with the land, meaning it passes on when either property is sold. An easement in gross benefits a specific individual or entity rather than a neighboring property. Utility easements, which enable utility companies to run power lines, water pipes, or gas lines across private property, are a prime example of easements in gross.

How Easements Affect Your Property.

Property owners should understand that easements can affect property values, restrict how portions of the property may be used, and create obligations to allow access to others. Before purchasing real estate in Indiana, buyers should carefully review the title report and recorded survey for any existing easements. Under Indiana law, any easement created after June 30, 1989, must cross-reference the original recorded plat or if the property is not platted, the most recent deed on record with the county recorder’s office.

When Easement Conflicts Arise.

If you are considering granting an easement on your property, the terms should be clearly defined in writing, including the location, scope, and duration of the easement, to avoid future disputes. Vague terms are a frequent source of conflict. Disputes commonly arise when the scope of the easement is ambiguous, when the easement holder acts beyond the permitted use, or when a property owner attempts to block access. Depending on the situation, resolution may come through direct negotiation, formal mediation or litigation.

The real estate attorneys at McNeelyLaw can help you understand how easements affect your property and represent you in easement-related transactions or disputes. Contact us today to discuss your situation by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.