Can I Build Over an Easement?
Generally no — building over a recorded easement violates the easement holder's rights, and they can force you to remove the structure at your expense. Utility, drainage, and access easements shown on the plat map are the most common; each has a holder (city, utility company, neighbor) with legal access rights. The rare exceptions (landscaping, fences with permission) still need the holder's written consent.
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Why easements block construction
An easement is a property right, not a suggestion. The water district's 10-foot utility easement means they can excavate through your slab to reach their main — and you pay for the demolition and the repair. Drainage easements carry stormwater by design; blocking one floods you and your neighbors and draws immediate enforcement. Building departments check easements at plan review and will deny permits for encroaching structures.
What the title and plat show
The preliminary title report lists every recorded easement with its document number; the plat map draws them. Read both before designing — the site plan must keep all structures, footings, retaining walls, and grading outside easement boundaries. Unrecorded (prescriptive) easements from long use are harder to find and are why surveys and neighbor interviews matter on older properties.
The narrow exceptions
Some easement holders grant written consent for minor improvements (landscaping, removable fences, driveways crossing at grade) — get it in writing and record it. Vacating an easement is possible when the holder agrees it is no longer needed, but it is a legal process with the holder, not a design decision. Never assume an unused-looking easement is abandoned; only a recorded vacation extinguishes it.
The bottom line
Do not build over easements — the holder can force removal at your cost. Read the title report and plat before designing, keep all construction clear, and get written consent for even minor encroachments.
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