Easements and encumbrances

What is an easement?

An easement is a right or obligation tied to a property. It means one property may use another in a specific way — for example for road, water or sewage. The easement stays with the property when sold, which is why it's important to know before buying.

Common types of easement

• Road easement — right to drive across someone else's land to reach your property.
• Water easement — right to draw water from a well, lake or stream on someone else's land.
• Sewage easement — right to run waste water across or through another property.
• Utility easement — right to have electricity, telecom or fibre lines across someone else's land.
• Boat/beach easement — right to use a beach or jetty on someone else's land.

What are encumbrances?

An encumbrance is a restriction on ownership. If your property carries an easement in favour of a neighbour, your property is encumbered — you must allow the neighbour to use part of your land. You still own the property, but you can't do whatever you like everywhere on it.

How to find easements and encumbrances

Easements and other encumbrances are recorded in the property's documents and can usually be seen in an extract from Lantmäteriet's property register. But there can also be contractual easements not registered there. Always check whether easements affect plot boundaries, road, water or sewage.

What does it mean for you as buyer?

• Rights — you may have the right to use a neighbour's road, well or beach.
• Obligations — you may have to let a neighbour cross your plot or use your well.
• Maintenance — easements can mean shared responsibility for road, ditches or lines.
• Costs — some easements carry annual fees for upkeep or road maintenance.

Difference between easement and right of use

An easement is tied to the property and follows it at sale. A right of use is often personal and can be time-limited — e.g. an agreement between two parties. Easements give stronger long-term protection.

Before you buy

• Request a register extract from Lantmäteriet to see existing easements.
• Ask the seller about road, water or sewage easements.
• Check who is responsible for maintaining shared road or lines.
• Include potential costs for road maintenance or community association fees.
• Make sure the easement actually benefits your property if you depend on it.