What is an easement?

An easement is a legal right granted to a person or entity to use a portion of another owner's land for a specific, defined purpose. Common types include utility easements (allowing power or telephone lines to cross a property), access easements (giving a neighbor the right to cross your land to reach their property), and conservation easements (restricting development to preserve natural features). Easements are typically recorded with the deed and remain attached to the property regardless of who owns it.

Easements are extremely common in rural areas of the Western Catskills and are something every buyer in Delaware, Ulster, Greene, and Otsego counties should investigate thoroughly. Properties in these counties may have easements allowing neighboring landowners to cross to access back lots, utility companies to maintain lines, or even the public to use a trail or stream crossing. Buyers should ask their attorney to identify all easements during the title search and understand exactly what rights each one grants. Conservation easements, in particular, are increasingly common in the Catskills and can significantly affect how — and whether — land can be developed.