Due diligence

Easements, shared driveways and recorded restrictions: check before you buy.

The part of a property you cannot see on a tour is often what limits what you can build, park, fence or remove later. Utility easements, shared driveways, access rights, drainage and recorded CC&Rs all sit in documents, not in the listing photos. This hub is the review sequence we use during the inspection and title period, before a buyer's contingencies expire.

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Survey flags marking a utility easement along a residential lot boundary

Quick answer

Easements and restrictions appear in the preliminary title commitment (Schedule B exceptions), the recorded plat, the survey, and any CC&Rs or HOA declarations. Read the exceptions one by one and request the underlying recorded documents — the title report names them but does not explain them. An easement is a right for someone else to use part of your land for a defined purpose; a right of way is one common type, usually for access. Also confirm setbacks, critical-area buffers and shoreline rules with the city or county for that specific parcel, because they, not your lot's size, decide what you can build.

Schedule B

Where title lists easements and exceptions

4 sources

Title, plat, survey, CC&Rs — all read, not skimmed

Per parcel

Setbacks and buffers confirmed with the jurisdiction

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Documents explained in both languages

Questions this hub answers

how to find easements on my property
types of easements
easement vs right of way
what are CC&Rs
shared driveway agreement
how to check setbacks before buying

The document review sequence

01
1. Order and actually read the title commitment
Schedule B lists exceptions: easements, covenants, agreements, reservations. Request the recorded document behind every exception that could affect use, access or future building.
02
2. Pull the recorded plat and any survey
The plat shows platted easements, dedicated rights of way and lot dimensions. If boundaries, fences or a shared drive look uncertain, commission a current survey rather than assuming.
03
3. Identify each easement's purpose and holder
Utility, access, drainage, sewer, ingress and egress, or a private agreement between neighbors. Note who holds it, what area it covers, who maintains it and whether anything may be built over it.
04
4. Read CC&Rs, HOA declarations and any shared-use agreement
Recorded covenants can restrict fences, paint, rentals, parking, ADUs, trees and remodels regardless of what zoning allows. A shared driveway usually has a maintenance and cost-sharing provision — find it before closing.
05
5. Confirm with the jurisdiction before you plan anything
Ask the city or county about setbacks, critical-area or shoreline rules, tree regulations and permit history for that parcel. Do this during your contingency period, not after you own it.

Common easements and what they limit

Type	Typical purpose	What it usually limits
Utility easement	Power, water, sewer, telecom lines	Building, large trees or structures over the strip
Access easement / right of way	A neighbor or the public reaching another parcel	Gating, fencing or blocking the travel area
Drainage easement	Stormwater flow and detention	Grading, fill and hard surfaces
Shared driveway agreement	Joint use of one drive	Parking, repaving decisions, cost sharing
CC&Rs / HOA declaration	Neighborhood standards	Fences, exterior changes, rentals, ADUs, parking

Plat survey drawing with a highlighted strip along a lot line

Checklist

Before your inspection contingency expires

Title commitment received and every Schedule B exception read.
Recorded documents behind each relevant exception obtained.
Plat reviewed; survey ordered if boundaries are unclear.
Each easement's holder, area and maintenance duty identified.
CC&Rs, HOA rules and any shared-driveway agreement read.
Setbacks, buffers and shoreline rules confirmed with the jurisdiction.
Permit history checked for unpermitted work near easement areas.
Any plan to build, fence or remove trees tested against all of the above.

Frequently asked questions

How do I find easements on a property?

Start with the preliminary title commitment's exception list, then request each recorded document it references. Add the recorded plat, any existing survey, and the CC&Rs. For anything physical on the ground, a current survey is the reliable answer.

What is the difference between an easement and a right of way?

An easement is the general right to use part of someone else's land for a defined purpose. A right of way is a common type of easement, typically giving access across the land. Both are defined by their recorded document, so read it.

Can I build over a utility easement?

Usually not, or only with the easement holder's written consent and a permit. Treat the area as unbuildable until the holder and the jurisdiction say otherwise in writing.

What are CC&Rs and do they still apply?

Covenants, conditions and restrictions are recorded private rules for a plat or community. They can apply even without an active HOA and can be stricter than zoning. Read them before planning a remodel, fence, rental or ADU.

Does an easement lower a property's value?

It depends entirely on location and effect. A utility strip along a rear line may change little; an access easement through a usable yard, or one blocking an addition, can matter a great deal. Evaluate it against your actual plans.

Who maintains a shared driveway?

Whatever the recorded agreement says — and many are vague or absent, which is its own risk. Confirm cost-sharing, repaving and snow or debris duties in writing before closing.