If you’ve ever read a title search checklist that says “check for easements and restrictions,” you’ve probably had the same reaction most people do: okay, but where? It’s one of those instructions that sounds simple until you actually try to do it. So let’s clear that up.

An easement is basically someone else’s legal right to use part of your property, like a utility company running power lines through your backyard, or a neighbor sharing your driveway. A restriction limits what you can do with the property, like an HOA rule about paint colors or fence height. Neither one stops you from buying the property, but you definitely want to know about them before you close, not after.

Here’s where to actually find them.

1. The County Recorder’s Office

This is your first stop, and honestly your most important one. Easements are often recorded as their own separate legal document, sometimes labeled an “easement deed,” “grant of easement,” or “right of way agreement.” When you’re searching the property’s document history at the county recorder (or clerk, or register of deeds, depending on where you live), don’t just look for the deed and mortgage. Search for anything filed with “easement,” “right of way,” or “access agreement” in the title.

Most counties let you search by parcel number or owner name, either online or in person, and this index will show you every document ever filed against the property.

2. The Deed Itself

Sometimes an easement doesn’t get its own separate filing. Instead, it’s written directly into the property’s deed as a condition of the sale. When you’re reading through the deed, keep an eye out for phrases like “subject to” or “together with.” Those two phrases are usually a signal that an easement or restriction is attached, so it’s worth slowing down and reading that section carefully instead of skimming past it.

3. The Plat Map or Survey

This one is probably the easiest way to actually see where an easement sits on the land, rather than just reading about it. Utility easements especially (think power lines, water lines, or a shared driveway) usually show up visually on the property’s recorded plat map or survey. You can typically pull this from the county recorder’s office or the county’s GIS mapping website, and it’ll show you exactly which part of the lot the easement covers.

4. HOA Documents (If There’s an HOA)

If the property is part of a homeowners association, restrictions usually come from the HOA’s CC&Rs, short for Covenants, Conditions, and Restrictions. These cover things like exterior paint colors, fence height, parking rules, and what you can and can’t build. You can usually get a copy from the HOA’s management company, and in many counties, CC&Rs are also filed with the county recorder, so you can find them the same way you’d find an easement.

Putting It All Together

If you’re doing a title search on your own, don’t stop at just checking for liens and mortgages. Take the extra step of pulling the plat map, skimming the deed for “subject to” language, and checking for any recorded easement documents. It only takes a little extra digging, and it can save you from an unpleasant surprise down the road, like finding out the power company has the legal right to dig up part of your yard whenever they need to.

Tags: easements, property restrictions, title search, CC&Rs, plat map, right of way, HOA rules, property records, real estate tips, buying land