Does the city own a piece of your yard? This is a common question. Here is the simple answer: The city usually does not own parts of your private yard outright. But, they often have rights to use specific areas. This happens through things called easements. It also happens if a piece is a public right-of-way. These rights let the city or utility companies work on or access your land for certain needs. Your property lines mark where your yard truly ends and where your neighbor’s begins or public land starts.
Your yard is your private property. You bought it. You take care of it. So it feels like it is all yours. And it is! Mostly.
But sometimes, the city or others have a right to use a small part of it. This right is limited. It is not full ownership. Think of it like someone having a key to just one door in your house, not the whole house.
Let’s learn about these rights. Let’s find out how you can know exactly what is what in your yard.
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Grasping Property Lines
First, let’s talk about your property lines. These are the borders of your land. They show where your property stops and the next one begins. The next one could be your neighbor’s yard. Or it could be public land, like a street or a park.
Finding your exact property lines is key. Why? Because everything we talk about depends on knowing where your land truly ends.
How do you find these lines? The best way is to get a property survey. A property survey is a map. A trained person called a surveyor makes this map. They measure your land. They find the exact corners. They place markers there. These markers might be metal rods.
The survey map shows the shape of your land. It shows the size. It shows where your property lines are. It is a very important document.
Why Are Property Lines Important?
Knowing your property lines helps you in many ways:
- It shows you what land you own.
- It stops arguments with neighbors about borders.
- It is needed if you want to build something, like a fence or shed.
- It helps you find out about easements on your land.
Without a property survey, you are just guessing. The old fence might not be on the true line. The row of trees might be on your neighbor’s land.
Learning About Easements
Now, let’s talk about easements. This is a key idea. What is an easement definition?
An easement is a legal right. It lets someone use a specific part of land owned by someone else. The key thing is, the person using the land does not own it.
Think of it this way: You own your yard. But an easement gives the city (or a utility company) the right to come onto a certain part of your yard. They use it for a certain reason.
This reason is often to maintain or access something. Like pipes or wires.
Easements are often permanent. They stay with the land even if the owner changes. If you sell your house, the easement usually stays for the new owner.
Types of Easements
There are different types of easements. Some common ones involve the city or utility companies.
- Utility Easement: This is very common. It lets utility companies (like power, water, sewer, gas, cable) use a strip of your land. They need this strip to build or fix things. These things are wires, poles, pipes, or cables. These are usually underground or along the edge of your property.
- Drainage Easement: This type helps water flow. It allows water to drain off your property or nearby properties. It might be a ditch. Or it might be an underground pipe system. The city or a drainage district uses this area. They make sure water flows well. This prevents flooding.
- Access Easement: Less common for cities on private yards, but possible. It lets someone cross your property to get to another place. Like a shared driveway.
- Conservation Easement: This type limits what you can do on your land. It protects nature or history. A city or land trust might hold this.
For most yards, the main ones you might find are utility easements and drainage easements.
How Easements Appear
Easements are usually strips of land. They might be along the edge of your property. They might run across your yard. Sometimes they are in the back. Sometimes they are in the front.
The exact size and location of an easement are important. This information should be in your property records.
Let’s look closer at two key types:
H4: Deciphering the Utility Easement
Imagine you have power lines over your yard. Or maybe a water pipe runs under it. The company that runs these things needs to get to them. They need to fix them if they break. They need to maintain them.
A utility easement gives them the right to do this. They can come onto that specific strip of land. They can dig there. They can put up equipment.
You still own the land. But your use of that strip is limited. You cannot build things there. You cannot put things there that would stop the company from doing their work.
H4: Interpreting the Drainage Easement
Water needs to go somewhere when it rains. Cities build systems to handle rainwater. Sometimes, part of this system crosses private property.
A drainage easement allows the city or a drainage group to use that part of your land. They keep ditches clear. They maintain underground pipes.
You cannot block the water flow in this area. You cannot build over a drainage ditch. You cannot fill in a place meant to hold water during a storm. This easement helps protect your home and neighbors from flooding.
Fathoming the Public Right-of-Way
This is another key idea. It is different from an easement. A public right-of-way is land that the public has a right to use. This is usually for travel. Think roads, streets, sidewalks.
The public right-of-way is often next to your property line. It is the area between the street centerline and what seems like the edge of the road or sidewalk.
Sometimes, the paved road or sidewalk does not take up the whole right-of-way. There might be a strip of grass or a ditch between the sidewalk and your property line. This strip might look like part of your yard. You might even mow it. But it could still be part of the public right-of-way.
The city or county often controls this public right-of-way area. They use it for roads, sidewalks, street lights, and sometimes even utilities.
How Right-of-Way Affects Your Yard
Your property line might actually be set back from the street or sidewalk. The area between your property line and the street edge (or sidewalk) is often the public right-of-way.
This means you cannot build anything permanent in this area. Fences, walls, or major landscaping might be limited or not allowed. The city needs to use this space for public needs.
Finding where the public right-of-way ends and your private property begins is also shown on a property survey. It is part of knowing your municipal property boundaries.
Why Do These Rights Exist?
These rights exist for practical reasons. Cities and utility companies need to build and maintain things that serve many people.
- Power for everyone’s homes.
- Clean water delivered to houses.
- Sewage taken away safely.
- Roads and sidewalks for travel.
- Ways to manage rainwater.
It is often easier and cheaper to use small parts of private land for these public needs than to buy large strips of land. Easements and rights-of-way are legal tools to make this possible. They balance private property rights with public needs.
How to Find Out About Rights on Your Land
So, how do you know if your yard has an easement or if part of it is a public right-of-way? How do you find your exact property lines and learn about these municipal property boundaries?
There are a few steps you can take.
Step 1: Check Your Property Deed
Your property deed is the legal paper that says you own the land. When you bought the house, you got a deed. You also likely got a title insurance policy.
The deed itself might mention easements. It might say your property is subject to “easements of record.” This means there are easements, but the deed might not list them all or show where they are.
The title insurance report you got when you bought the home is often more helpful. It lists known easements found during the title check. Look for a section about “exceptions” or “schedule B.” This might list easements by name or by where they are recorded (like a book and page number at the county office).
However, even the deed and title report might not show everything clearly or show you on a map.
Step 2: Look at City or County Records
Local government offices keep records about properties.
- Assessor’s Office: They have maps for tax purposes. These maps show property lines. They might show general locations of easements. But these maps are often not exact for finding exact lines.
- Planning Department: They have zoning maps and rules. They can tell you about setback requirements (rules on how close you can build to your property lines or the street). They might have information on public rights-of-way.
- Public Works Department: They handle streets, sewers, and drainage. They likely have detailed maps showing utility easements and drainage easements. They also know the exact width and location of public rights-of-way.
- County Recorder’s Office: This is where deeds and easement documents are officially kept (recorded). You can look up documents related to your property. These documents might describe easements using legal language (metes and bounds descriptions). This can be hard to understand without training. They also often have plat maps.
H5: What are Plat Maps?
Plat maps are large maps of neighborhoods or subdivisions. When land is divided into lots (like for building houses), a plat map is created. It is filed with the city or county.
Plat maps show the layout of streets, lots, and alleys. Crucially, they often show and label easements and public rights-of-way. They show lot numbers and property lines for all the homes in that area.
Looking at the plat map for your neighborhood can show you where recorded easements are. It can show the public right-of-way. You can usually find these maps at the county recorder’s office or the city’s planning department.
Step 3: Get a Property Survey (Best Way)
This is the most accurate way to know. Hire a licensed land surveyor. They will come to your property. They will use special tools. They will find the official corners of your property. They will mark them.
They will also research records (like deeds and plat maps). They will look for any easements that are recorded for your land. They will measure and mark the locations of these easements on your property.
The surveyor gives you a detailed map. This map shows:
- Your exact property lines.
- The size and shape of your land.
- Locations of buildings on your land.
- The location and size of any recorded easements (like utility easement or drainage easement).
- The location of the public right-of-way boundary.
- Markers showing the corners of your property.
This map tells you clearly how much of your yard is truly private and where others have rights to use parts of it. It helps you understand your municipal property boundaries fully.
A property survey costs money. But it can save you bigger problems later.
What You Cannot Do on an Easement or Right-of-Way
Knowing about easements and rights-of-way is important because they limit what you can do.
You cannot build permanent structures in these areas. This includes:
- Houses or additions
- Garages
- Sheds
- Decks or patios (sometimes)
- Swimming pools
- Permanent fences or walls (often restricted or require city OK)
Why? Because these structures would block the city or utility company. They could not access their pipes, wires, or drainage systems. They need to get to these things for maintenance or repair.
Putting something permanent in an easement area is called an encroachment on easement. This is a problem. The city or utility company has the right to remove the encroachment on easement. They might even make you pay for the cost of removal.
Think about planting trees. You might be allowed to plant trees or bushes in an easement area. But know this: If the city or utility needs to do work, they can cut down or remove your plants. They usually do not have to pay you for this. They have the right to access the easement.
Also, remember setback requirements. These are rules separate from easements. They say how far from your property lines or the street you must build structures. This is for safety, looks, and city planning. Even if you don’t have an easement right on your property lines, you still must follow setback rules. A survey shows these lines so you know where you can build.
Common Examples and Scenarios
Let’s look at simple examples.
- Scenario 1: The Sewer Line
- You have a utility easement for the sewer line running through the back of your yard.
- You cannot build a shed on top of this easement. That would be an encroachment on easement.
- If the sewer line breaks, the city will come onto the easement area. They will dig up the ground to fix the pipe. They have the right to do this because of the easement. They might need to remove anything you put there.
- Scenario 2: The Sidewalk
- The sidewalk is in front of your house. There is a strip of grass between the sidewalk and your fence.
- Your property lines are actually 10 feet back from the sidewalk edge.
- That 10-foot strip of grass is public right-of-way.
- You might mow it. But it’s not truly your private yard in the same way the land behind your fence is.
- You cannot build a permanent fence right at the edge of the sidewalk. You must put it on or behind your property lines. You must also follow setback requirements.
- Scenario 3: The Drainage Ditch
- You have a drainage easement along one side of your yard. It looks like a small ditch.
- You must keep the ditch clear. Water needs to flow.
- You cannot fill in the ditch. You cannot build a deck over it. That would block drainage. It could cause flooding.
Knowing about these areas helps you avoid problems. It helps you plan projects like building a deck or adding a fence.
Summary of How to Find Out
To find out how much of your yard the city (or others with public-like rights) can use:
- Look at your property deed. It might mention easements.
- Check your title insurance report. It often lists recorded easements.
- Visit city and county offices. Look at plat maps. Ask the public works or planning department about easements and public rights-of-way on your street.
- Get a property survey. This is the clearest way. It shows your property lines, municipal property boundaries, easements (utility easement, drainage easement), and the public right-of-way on a map of your land.
These steps help you know the facts about your property. You will know where your land truly begins and ends. You will know where others have a right to use your land. You will know where you cannot build because of easements or setback requirements. You will know how to avoid encroachment on easement.
Table: Ways to Find Property Information
| Source | What it Helps Find | How Accurate/Detailed |
|---|---|---|
| Property Deed | Mentions if easements exist (often general). | Limited detail, might not show location clearly. |
| Title Insurance Report | Lists recorded easements found during title check. | More specific than deed, but still not a map on your land. |
| Plat Maps (City/County) | Shows property lines, easements, public rights-of-way for the neighborhood. | Good overview, shows general location relative to lots. |
| City/County Departments | Information on setback requirements, municipal property boundaries, specific easement details. | Can provide rules and sometimes specific maps. |
| Property Survey | Exact property lines, exact location/size of easements, public right-of-way. | Most accurate and detailed. Shows everything on your land. |
Getting a property survey is the best investment if you are unsure about these things or plan any building work.
Living With Easements and Rights-of-Way
Having an easement or right-of-way on your property is common. It does not mean the city owns that part of your yard. It means they have a right to use it for specific things.
You still own the land. You can usually use the land too. You can walk on it. You can play on it. You can usually plant grass or small plants.
But you must respect the rights of the city or utility company. Do not build permanent things in the easement or right-of-way. Do not block access.
Knowing where these areas are prevents problems. It saves you from having to move a fence or shed later. It saves you from costs if the city has to remove something you built.
It also helps you understand the full picture of your property. Your property lines define your ownership. Easements and public rights-of-way define areas where others have limited use rights within or next to your property. Setback requirements define where you can build relative to your lines and the street. All these work together to define your municipal property boundaries in a practical sense.
By using your property deed, checking city records, and especially getting a property survey, you can clearly see how much of your yard is entirely private space and where these shared-use areas exist. This knowledge is power for managing your property well and avoiding encroachment on easement issues.
Frequently Asked Questions
Q: Does an easement mean I do not own that part of my yard?
A: No. You still own the land with the easement. The easement just gives someone else (like the city or a utility company) a right to use that part for a specific purpose.
Q: Can I build a fence on a utility easement?
A: Usually, no. Building a fence is considered a permanent structure and would be an encroachment on easement. It can block the utility company from accessing their lines or pipes. They could make you remove it.
Q: What is the difference between an easement and a public right-of-way?
A: An easement is a right for someone to use part of your land for a purpose (like utility access). A public right-of-way is land that the public has a right to travel on or use for public infrastructure (like roads, sidewalks). Your property line might be set back from the edge of the paved road or sidewalk, with the area in between being the public right-of-way.
Q: How do I find out where my property lines are?
A: The most sure way is to hire a licensed land surveyor. They will research records and measure your property to find and mark the exact property lines.
Q: Can I plant flowers or grass on an easement?
A: Usually, yes. You can use the surface of the easement area for things that don’t block access or work, like planting grass, flowers, or small bushes. But be aware, they can be removed by the easement holder if they need to do work.
Q: What are setback requirements?
A: Setback requirements are local rules that say how far back from your property lines (front, side, back) or the public right-of-way you must build any structure, like a house, garage, or shed. These are separate from easements but also limit where you can build.
Q: What happens if I build something on an easement?
A: Building on an easement is an encroachment on easement. The holder of the easement (city, utility) can ask you to remove it. If you don’t, they have the right to remove it themselves and can charge you for the cost.
Q: Are easements shown on my property deed?
A: Your property deed might mention that your property is subject to easements. But it often does not list them all or show their exact location. The title insurance report and a property survey are better sources for detailed easement information. Plat maps at the city or county office also show recorded easements.
Q: Does mowing the grass in the public right-of-way mean I own it?
A: No. Even if you maintain the area between your property line and the street/sidewalk (which is often the public right-of-way), it does not mean you own it. It remains public land or land the public has rights over. Your property survey will show where the true public right-of-way line is and where your property lines are. This helps clarify the municipal property boundaries.