How to Get an Easement to Build on Land
- Dani
- Apr 20
- 5 min read
We found the land.
It was perfect—private, surrounded by open pasture, exactly what we had been looking for.
There was just one problem: We couldn’t legally access it.
No driveway. No recorded entry point. No guaranteed way to run utilities.
And to make things more complicated, we were surrounded by active cattle farms—which meant nothing was simple, and nothing was negotiable without care.
What we thought was a straightforward land purchase quickly turned into one of the most important (and overlooked) parts of our entire build:
Securing not one—but TWO easements.
If you’re buying land to build, this is the part no one talks about—but it can completely determine whether your land is usable or not.
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!!!***IMPORTANT***!!!
BEFORE buying, one of these is true:
An easement already exists and is recorded
This is ideal
It transfers with the land automatically
You negotiate the easement BEFORE closing
Get neighbor agreement
Have it drafted + ready to record
Or at minimum: legally documented and tied to your purchase
You write it into your purchase contract
Example:
“Purchase is contingent on buyer securing a recorded access easement.”
If that doesn’t happen, you’re taking a real risk.
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First—What Is an Easement (In Real Life Terms)?
An easement is simply legal permission to use someone else’s land for a specific purpose.
Most commonly when building, that means:
Access (a driveway or road to your property)
Utilities (water, electric, septic, etc.)
And here’s the key:
Just because you can access land physically does NOT mean you can access it legally.
That distinction matters more than anything.
Why We Needed TWO Easements
Our property was landlocked and bordered by cattle farms on multiple sides.
To make our build possible, we needed:
1. An access easement
A legal driveway route to reach our home from the main road.
2. A utility easement
To run essential services (like electric) across neighboring land.
How We Actually Secured Our Easements
This was not a one-step process. Here’s how it played out for us:
Step 1: Identify Who Owns What
Before anything else, we had to clearly understand:
Property lines
Who owned each section of land we needed access through
Where a driveway and utilities could realistically run
A survey was critical here. (To find one, Google “licensed land surveyor near me”, ask your real estate agent, or title company for recommendations). Licensed and professional surveys can cost between $500-$1,000.
Luckily when buying our land, this had already been done in order to parcel off the portions of land being sold.
Step 2: Start the Conversation
No pressure. No assumptions. Just honest conversations about:
What you're trying to do
How it would affect them
What concerns they had
This part matters more than people think.
You’re not just negotiating—you’re building a long-term relationship.
Step 3: Negotiate the Terms
Every easement is different.
Things that came up:
Exact location of the easement
Width (important for driveways and emergency access)
Responsibility for maintenance
Compensation (this can vary a lot depending on the situation)
Step 4: Make It Legal (Not Verbal)
This is where a lot of people go wrong. A handshake agreement means nothing in real estate.
We made sure:
Everything was documented
The easements were professionally drafted
They were recorded with the county so they transfer with the land permanently
If it’s not recorded, it doesn’t protect you.
Step 5: Plan for Real-Life Use
We weren’t just thinking about today—we planned for:
Construction access
Long-term driveway use
Utility installation and maintenance
Because once your home is built, these easements become part of your everyday life, and we've found maintaining the easement of the gravel road is way more upkeep than anticipated! Luckily, we have fabulous neighboring farmers who understand the importance of the upkeep (since they use it every day too).
What People Don’t Expect (But Should)
This process taught us a lot, and honestly, these are the things that matter most:
Access doesn’t equal legal access
Just because you can drive to the land doesn’t mean you’re allowed to.
Verbal agreements are risky
Land changes hands. Memories change. Paperwork doesn’t.
Lenders often require legal access
If you’re financing your build, this can stop everything.
Utility easements are separate from access
Don’t assume one covers the other.
Your neighbors matter long-term
You will be dealing with these people for years—how you handle this process sets the tone.
Mistakes to Avoid
If you’re buying land, learn from this:
Assuming easements already exist
Not verifying they’re recorded
Ignoring width requirements (especially for emergency vehicles)
Waiting until after purchase to figure it out
Underestimating how long the process can take
Where We Landed
In the end, we successfully secured both easements, and were able to move forward with building our home exactly how we envisioned it.
But it easily could have gone the other way.
This wasn’t just a small detail in the process—
it was the difference between building and not building at all.
“But what if they won’t agree to an easement?”
Now you’re in a tough spot, and your options get limited:
1. You’re stuck with unusable (or hard-to-use) land
This happens more than people think.
No legal access =:
You may not be able to build
Lenders may refuse financing
Resale becomes difficult
2. You try legal routes (not fun)
There are things like:
Easement by necessity
Prescriptive easements
But these:
Often require attorneys
Can take a long time
Can damage neighbor relationships permanently
Are not guaranteed
3. You overpay later
Even if neighbors are open:
You now have:
No leverage
Time pressure
A lot riding on their decision
So the cost usually goes up.
Do you have to pay for easements?
Short answer: sometimes yes, sometimes no—but you should expect to pay.
If you go into it assuming it’ll be free, you’re setting yourself up for a tough negotiation.
Why neighbors often get paid
An easement is you asking to use their land permanently. That can:
Affect their property value
Limit how they use that portion of land
Create inconvenience (traffic, utilities, maintenance)
Add liability concerns
So from their perspective, this isn’t a favor—it’s a property right you’re asking for.
When you’ll likely have to pay
The land is valuable or actively used (like cattle farms in our case)
You’re creating a new easement (not using an existing one)
The easement impacts how they operate (fencing, livestock movement, etc.)
You’re negotiating after you already bought your land (less leverage)
In these cases, payment is pretty standard.
When it might be free
It happens, but don’t count on it:
You have a good relationship with the neighbor
The easement has little to no impact on them
It benefits them too (shared driveway, improved access, utilities they might use)
It’s a family/friend situation
Even then, you’ll still need to cover legal + survey costs.
What you might pay for (it’s not just cash)
Compensation doesn’t always look the same:
One-time payment
Paying for fencing, gates, or improvements
Covering all legal/survey costs
Agreeing to maintain the easement (big one)
Adjusting the location to minimize disruption
Sometimes it’s a mix of these.
Typical cost range (very broad)
This varies a lot, but to give you a ballpark:
A few hundred dollars → very minor impact
$1,000–$10,000+ → more common for rural access easements
Higher if it significantly affects their land or operations
There’s no standard pricing—it’s negotiation.
Final Thoughts
If you’re in the process of buying land, don’t overlook this.
Easements aren’t the exciting part, but they’re one of the most important.
Take the time to ask questions, verify everything, and handle it the right way from the start.
Because once you have this locked in, the fun parts begin!!
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