By Frederick J. Steimling, Esq.
An easement is a legal right to use another person’s land for a specific purpose. In Colorado, easements are common in both residential and commercial property transactions and can significantly affect how land is used, developed, or preserved. Whether you are buying, selling, or protecting property, understanding the different types of easements – and their benefits – can help you make informed decisions.
The most familiar easements are for access and utilities. For example, one property owner may have a driveway easement over a neighbor’s land, or a utility company may hold an easement to run water or sewer lines. These rights can be either “appurtenant” (tied to the ownership of a neighboring property) or “in gross” (benefiting a person or entity, such as a utility provider, rather than a parcel of land). Properly recording and describing these easements in a deed is critical to avoid disputes. Similarly, public easements are created for the benefit of the public (as the name implies), such as rights of way for roads, sidewalks, or recreational trails. These public easements improve community access and are not subject to the same limitations as private easements.
Conservation and solar easements warrant separate discussion:
Conservation easements are governed by statute and they are commonly found throughout Colorado. A conservation easement is a voluntary legal agreement that restricts certain types of development to protect the land’s environmental attributes. These easements can preserve wildlife habitat, protect water quality, conserve agricultural lands, or maintain scenic views. Property owners often choose conservation easements not only for environmental stewardship but also for potential tax benefits. By permanently safeguarding open spaces, conservation easements generally seek to balance Colorado’s rapid growth with its residents’ strong commitment to protecting natural resources.
As renewable energy use expands, solar easements have become increasingly important in Colorado. Like conservation easements, solar easements are governed by statute. These easements ensure that a property owner’s access to sunlight is not blocked by neighboring development. For example, a homeowner who invests in rooftop solar panels may negotiate a solar easement with a neighbor to prevent future construction that would cast shade on the panels. Solar easements support clean energy goals and provide legal assurance that an investment in solar infrastructure will remain effective for decades.
Easements can enhance property value, promote sustainable land use, or, if overlooked, limit how property can be used. Whether you are considering a conservation donation, negotiating solar rights, or addressing access disputes, experienced legal guidance ensures easements are properly drafted, recorded, and enforced.
