Easement

An easement is a non-possessory right to use another person's land for a specified purpose. In HOA communities, easements are common for utilities (allowing utility companies to run lines under private property), drainage (allowing water to flow across lots), pedestrian access (walking paths through private areas), and maintenance access (allowing the HOA to enter a lot to repair shared infrastructure). Easements are typically recorded with the plat or CC&Rs and bind all current and future owners. The owner whose property is burdened by an easement retains ownership but cannot obstruct or build over the easement area in ways that interfere with the easement's purpose.

Owners who build on or landscape over an easement area can be required to remove improvements at their own expense. Always review the plat map and CC&Rs for easements before planning any ground-level or subsurface improvements.