The Invisible Land Restrictions: Why Property Easements Can Make Your Lot Unbuildable cover art

The Invisible Land Restrictions: Why Property Easements Can Make Your Lot Unbuildable

The Invisible Land Restrictions: Why Property Easements Can Make Your Lot Unbuildable

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You can check out the companion video here REAL PROPERTY EASEMENT EXAMPLES: How a 2-Acre Lot Lost Half Its Buildable Area

https://youtu.be/WTJLeb2OGGM

When you purchase property for your dream home, what you see is definitely not what you get. Property easements home building restrictions are legally binding rights that allow others—utility companies, neighbors, government entities, conservation organizations—to use specific portions of your land for designated purposes. You own the property, you pay the taxes, but someone else has legal rights that restrict where and what you can build.

In Episode 35 of The Awakened Homeowner podcast, continuing the Understanding Design Limitations series, Bill Reid reveals how property easements can render entire sections of your lot completely unbuildable. These invisible legal agreements, often granted decades or even centuries ago, automatically transfer when you purchase property—whether you discover them beforehand or not.

The episode features a detailed real-world analysis: a 2-acre Northern California property where easements consumed 6.5% of the lot (5,655 square feet) before any setbacks were applied. Combined with setback requirements, only 68.5% of the original lot remained buildable. Additionally, because this jurisdiction subtracted easement areas from floor area ratio calculations, the allowed home size was reduced by an additional 1,414 square feet—nearly 7% smaller than if the full lot counted.

Bill also references a companion YouTube video showing an actual property survey walkthrough, making these invisible restrictions visible and understandable for visual learners. You can see the video here https://youtu.be/WTJLeb2OGGM

🎯 In This Episode You'll Discover:

✅ What property easements are and why they're fundamentally different from setbacks (contractual vs. regulatory)

✅ The 5 main easement types affecting residential construction:

1. Utility easements (most common—electric, gas, water, sewer, telecom)

2. Access easements (neighbor rights to cross your property)

3. Drainage easements (natural water flow corridors)

4. Conservation easements (environmental/agricultural protection)

5. Prescriptive easements (established through long-term use without permission)

✅ Building restrictions in easement areas: You absolutely cannot construct permanent structures including houses, garages, pools, sheds, retaining walls, or anything with foundations

✅ Floor area ratio impact: Some jurisdictions subtract easement areas from lot size for FAR calculations, dramatically reducing allowed home size

✅ Grading and drainage complications: Easements prevent grade changes and site modifications without permission

✅ Access and privacy concerns: Rights of way crossing your property affect daily living quality

✅ The 6-step due diligence process:

1. Review preliminary title reports (and read actual easement documents)

2. Order professional surveys showing exact easement locations

3. Walk properties observing current use patterns

4. Contact utility companies directly for easement information

5. Consult planning departments about FAR calculation methods

6. Hire architects/consultants to analyze buildable area before purchasing

✅ Real 2-acre property case study: Complete breakdown showing how easements and setbacks combined reduced buildable area to 68.5% of original lot, plus additional FAR reduction impacts

✅ Common homeowner mistakes: Trusting title insurance to cover everything, ignoring "small" easements, waiting until design phase to address restrictions

✅ Negotiation strategies: How discovering easements during due diligence enabled $50,000 price reduction

📍 KEY TIMESTAMPS:

0:00 - Introduction: The Invisible Property...

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