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Easement and Right-of-Way Surveys: Protecting Access and Utility in Commercial Real Estate

In commercial real estate, boundaries define ownership, but easements and rights-of-way define use. Even if you own a parcel of land outright, utility companies, municipalities, or neighboring property owners may have legal rights to use parts of your property. Understanding these rights is critical, and the tool for doing so is an Easement and Right-of-Way Survey.

These surveys identify and document where easements and rights-of-way exist, ensuring developers and investors understand the full scope of limitations and obligations tied to a property. Overlooking them can lead to project delays, costly redesigns, and even legal disputes.

In this blog, we’ll explore what easement and right-of-way surveys are, why they matter in commercial real estate, how they’re performed, and what developers need to know to protect their investments.

What Is an Easement?

An easement is a legal right that allows someone else to use part of a property for a specific purpose. Ownership remains with the property owner, but certain rights are granted to others.

Common Types of Easements:

• Utility easements – Allow access for water, sewer, gas, and electrical lines.

• Drainage easements – Preserve areas for stormwater flow and management.

• Access easements – Grant rights for ingress/egress across a property.

• Pipeline and transmission line easements – Common in Texas due to oil, gas, and energy infrastructure.

• Conservation easements – Restrict land use for environmental purposes.

What Is a Right-of-Way?

A right-of-way (ROW) is a specific type of easement that grants public or private entities the right to build and maintain transportation or utility corridors.

Examples include:

• Streets and highways.

• Railroads.

• Sidewalks.

• Transmission lines.

• Utility corridors.

What Is an Easement and Right-of-Way Survey?

An Easement and Right-of-Way Survey is a land survey that identifies, measures, and maps all easements and ROWs on a property.

These surveys document:

• The location and width of easements.

• Ownership and responsible parties.

• Restrictions on development within easements.

• Encroachments into easements or ROWs.

• Compliance with municipal and utility requirements.

Why Easement and Right-of-Way Surveys Matter in Commercial Development

1. Protecting Against Encroachments

Building within an easement can result in forced removal, even after construction.

2. Ensuring Legal Access

Properties without proper rights-of-way may be landlocked, preventing legal use.

3. Preventing Utility Conflicts

Utilities have priority rights within easements. Surveys identify conflicts before construction begins.

4. Facilitating Financing and Title Insurance

Lenders and title companies require easement documentation to ensure no hidden liabilities.

5. Compliance with Local Codes

Cities often mandate easement and ROW verification before issuing permits.

The Easement and Right-of-Way Survey Process

Step 1: Records Research

Surveyors review deeds, plats, and title commitments to identify recorded easements.

Step 2: Field Investigation

Surveyors locate physical features such as utility poles, manholes, or fences that indicate easement use.

Step 3: Mapping

All easements and ROWs are mapped in relation to property boundaries.

Step 4: Certification

Surveyors provide certified plats showing encumbrances and their impact on property use.

Step 5: Coordination with Stakeholders

Developers, utility providers, and municipalities review easement documentation to plan around restrictions.

Common Issues Revealed by Easement and ROW Surveys

• Unrecorded easements discovered during research.

• Encroachments such as buildings or fences within easement areas.

• Conflicts between easements overlapping one another.

• Landlocked parcels with no legal access.

• Utility relocation requirements adding unexpected costs.

Easement Surveys vs. ALTA Surveys

While ALTA surveys document easements listed in a title commitment, they don’t always capture unrecorded or misaligned easements. A dedicated easement and right-of-way survey provides deeper clarity, particularly in utility-heavy or infrastructure-adjacent properties.

Easement and ROW Surveys in Texas Commercial Real Estate

Texas commercial development often involves complex easement issues due to:

• Extensive utility corridors for oil, gas, and energy transmission.

• Rapid urban growth requiring roadway expansion.

• Drainage and flood management easements in flood-prone regions.

• Large rural tracts where access easements are critical for development.

In cities like Houston, Dallas, and Austin, easements can make or break a project—especially in redevelopment zones with decades-old infrastructure.

Technology in Easement and ROW Surveys

Surveyors use advanced tools to document easements with precision:

• GPS/GNSS equipment for accurate mapping.

• GIS integration to link surveys with municipal utility databases.

• Drone mapping for ROW documentation in large tracts.

• 3D modeling to plan around easement constraints.

Cost of Easement and ROW Surveys

Costs vary depending on:

• Property size and complexity.

• Number of recorded and unrecorded easements.

• Type of development planned.

• Municipal and utility coordination requirements.

Typical costs range from several thousand dollars for small tracts to higher amounts for utility-dense or infrastructure-heavy parcels.

Why Developers Should Never Overlook Easement Surveys

• Avoid legal disputes with utility companies or municipalities.

• Prevent costly redesigns and construction delays.

• Protect property value by ensuring clear, buildable areas.

• Provide peace of mind for lenders, title companies, and investors.

Easement and right-of-way surveys are the guardrails of commercial development. They don’t just define boundaries—they reveal the legal and practical restrictions that shape how land can be used.

In Texas, where energy infrastructure and urban growth intersect, these surveys are indispensable. Whether you’re developing a shopping center in Houston, an industrial park in Dallas, or a mixed-use project in Austin, an easement and ROW survey ensures your project is legally sound, financially secure, and free from hidden risks.