Land & Development Real Estate Pennsylvania Statewide
2/17/2026
Easements in Pennsylvania
What Landowners, Buyers, and Developers Need to Know
Easements are one of the most important — and most misunderstood — components of land ownership in Pennsylvania. They can increase property utility, restrict development potential, create legal risk, or significantly impact value.
Whether you are buying vacant land, selling farmland, assembling a commercial site, or planning a residential subdivision, understanding easements is essential.
In Pennsylvania — where parcels are often historic, rural tracts may be landlocked, utilities cross private property, and conservation programs are widespread — easements are common and highly consequential.
This article outlines the major types of easements in Pennsylvania, how they are created, how they affect land value, and how buyers and sellers can manage risk.
What Is an Easement?
An easement is a legal right that allows one party to use another party’s land for a specific purpose. The party benefiting from the easement is called the dominant estate. The property burdened by the easement is called the servient estate.
Easements are typically:
They do not transfer ownership — but they do transfer rights.
The Major Types of Easements in Pennsylvania
1. Access Easements (Right-of-Way Easements)
Access easements are among the most common in Pennsylvania, especially in rural areas.
They provide:
Why They Matter:
If a parcel does not have direct frontage on a public road, it must have legal access. Without it, financing and development may be impossible.
Buyers should always confirm:
2. Utility Easements
Utility companies frequently hold easements across private land for:
These easements may allow access for installation, maintenance, and upgrades.
Impact on Development:
Utility easements can:
In commercial and industrial development, utility coordination is critical.
3. Drainage & Stormwater Easements
Municipalities and adjacent landowners may hold drainage easements for:
Pennsylvania’s stormwater regulations are strict. Many subdivisions include permanent drainage easements.
These can limit:
4. Conservation Easements
Conservation easements permanently restrict development to preserve:
They are typically held by:
These easements significantly affect highest and best use and resale value.
5. Agricultural Preservation Easements
Common in counties like Lancaster, Chester, York, and Berks. These permanently restrict non-agricultural development. They are often purchased through state and county preservation programs.
Unlike Act 319 (Clean and Green), these easements are permanent.
6. Prescriptive Easements
A prescriptive easement arises through long-term, continuous, open, and adverse use — typically for 21 years in Pennsylvania.
Example: If a neighbor has used a driveway across a property openly and continuously for decades without permission, they may claim prescriptive rights.
These can be highly contentious and require legal review.
7. Easements by Necessity
When a property is landlocked and was once part of a larger tract, courts may grant access by necessity. These are often not formally recorded and can create legal uncertainty.
8. Implied Easements
Implied easements arise from prior use when property is subdivided.
Example: A shared well or access route historically used by both parcels may create an implied easement.
These are fact-specific and legally complex.
9. Private Utility & Shared Drive Easements
Common in residential subdivisions.
These define:
Failure to clarify maintenance obligations can create disputes.
10. Pipeline & Energy Easements
Pennsylvania’s Marcellus and Utica Shale regions have extensive pipeline easements.
These may include:
Pipeline easements can:
11. Solar & Wind Easements
Emerging in rural Pennsylvania.
These may grant rights for:
Long-term lease or easement structures must be carefully reviewed.
How Easements Affect Land Value
Easements can either:
Increase Value
Decrease Value
The impact depends on the type, scope, and location of the easement.
Risks for Buyers
Buyers of vacant land in Pennsylvania should evaluate:
Failing to review easements can result in:
A title search alone is not enough — interpretation matters.
Risks for Sellers
Sellers face risks if they:
Proper pre-listing due diligence protects against failed contracts and liability exposure.
Easements and Development Planning
From a developer’s perspective, easements affect:
A parcel with multiple easements may still be highly valuable — but only if properly analyzed and incorporated into design.
Easement Termination & Modification
In Pennsylvania, easements can sometimes be:
However, many easements — particularly conservation and utility easements — are effectively permanent.
Legal counsel is required for modification.
The Role of a Land & Development Specialist
Easements are not just legal technicalities — they are land value determinants.
A land & development specialist helps:
Most residential agents do not routinely analyze pipeline rights-of-way, stormwater easements, or agricultural preservation language.
In Pennsylvania’s highly regulated and locally controlled land environment, professional expertise reduces risk significantly.
Final Thoughts
Easements are part of the fabric of Pennsylvania real estate. From farmland preservation in Lancaster County, to pipeline corridors in Western PA, to shared driveways in suburban developments, easements shape how land can be used and valued.
For buyers, easements represent both opportunity and risk. For sellers, they define market positioning and pricing. For developers, they are design constraints that must be engineered around.
Understanding easements is not optional in land and development real estate — it is foundational.
Before buying or selling vacant land in Pennsylvania, always ask:
Because in land real estate, what you don’t see on the surface often matters the most.