Yes, there’s a difference—though the two terms are closely related. An easement gives someone legal access to use part of another person’s land for a specific purpose, while a right of way is a type of easement that allows someone to travel across the property. If you’re buying or selling land near Lake Marion, understanding these terms is crucial—especially when it comes to shared driveways, private roads, or lake access.
What Is an Easement?
An easement is a legal right for someone to use a portion of your property—or for you to use someone else’s—for a specific reason. Ownership does not change hands. Easements are incredibly common in real estate and often show up in property deeds or surveys.
Common Types of Easements:
- Utility easements: For water, power, sewer, or internet lines
- Access easements: To cross someone’s land for road access
- Drainage easements: For stormwater or runoff management
- Recreational easements: Like shared lake access or walking trails
- Conservation easements: To protect land from development
Example:
You own a lakefront home, but your neighbor has an easement across your driveway to reach their property. You still own the land—but they have the legal right to use it for access.
What Is a Right of Way?
A right of way is a specific type of easement that allows someone to travel across a piece of land. It may apply to cars, pedestrians, or utility companies—depending on what the easement allows.
Right of Way = Legal Travel Path
In South Carolina, right of way agreements are often used to:
- Allow property owners to reach a landlocked parcel
- Grant road access through private land
- Provide access to waterfront or community boat ramps
- Let utility trucks enter for repairs
Example:
Let’s say your lake property sits behind someone else’s. If your driveway crosses their land, you’d need a right-of-way easement to legally access the road.
Easement vs. Right of Way—What’s the Difference?
Although the two terms are often used together (and sometimes interchangeably), there are important differences:
In Simple Terms:
- An easement gives someone the right to use land for a specific reason
- A right of way is a form of easement that allows someone to travel across the land
All rights of way are easements—but not all easements are rights of way.
Example:
- A utility company installing power lines across your backyard has an easement, but not a right of way.
- A neighbor using your driveway to reach the road has a right of way—and it’s also an easement.
Understanding the language in your property deed or survey is key to knowing which applies.
Why This Matters for Lake Marion Property Owners
Around Lake Marion, easements and rights of way are especially important because of:
- Private road access
- Shared driveways
- Lakefront and dock access
- Utility and sewer easements
- Community boat ramps or trails
If you’re buying land or a home in the area, here’s what you need to check:
Local Easement Checklist:
- Does the property have any existing easements or rights of way?
- Are they written into the deed or recorded with the county?
- Will they affect your ability to build, fence, or improve the property?
- Who maintains the shared drive or access path?
- Are there any unwritten (prescriptive) easements due to long-term use?
Carolina Properties at Lake Marion helps buyers and sellers review easement language, understand how it impacts value, and work with attorneys or surveyors if clarification is needed.
How to Check for Easements and Rights of Way
Easements aren’t always obvious. Just because there’s no visible road or utility line doesn’t mean one doesn’t exist.
Here’s how to find out:
- Review your deed: Legal easements are often recorded in the property description
- Order a title search: Title companies check for recorded easements during closing
- Examine the survey or plat: Look for marked access roads, easement boundaries, or utility areas
- Check county records: Easements may be filed with the county register of deeds
- Ask the neighbors: Sometimes long-standing informal agreements exist (called prescriptive easements)
If anything’s unclear, your real estate agent or a local attorney can help you request a clarification or update.
Can Easements Be Removed or Changed?
It depends on how the easement was created. Some are temporary or based on conditions—others are permanent and recorded with the deed.
Easements may end if:
- The purpose for the easement no longer exists
- The parties involved agree to terminate it (must be in writing)
- The easement was improperly created or never used
- One property is merged into another (in some cases)
In most cases, it requires a formal release agreement and possible legal filing with the county. This is where having a real estate professional and local attorney matters.
FAQ: Easement and Right of Way Questions
Q: What if I have no legal right of way to access my property?
A: You may be considered “landlocked.” You’ll likely need to negotiate an easement with a neighboring owner or go to court for an easement by necessity.
Q: Can a right of way affect my property value?
A: Yes. Shared access or public use can reduce privacy and increase traffic—though it may also add value if it grants lake access.
Q: Do I need title insurance for this?
A: Absolutely. Title insurance protects you if an easement or access dispute arises after purchase.
Q: Can someone drive across my property without permission?
A: Only if they have a legal easement or right of way. Otherwise, it may be trespassing.
Q: Can I build a fence over an easement?
A: Not usually. You’ll need permission, and the fence may be subject to removal if it blocks access.
Final Thoughts: Know Before You Buy—or Sell
Easements and rights of way may sound like legal fine print—but they can seriously impact how you use, sell, or enjoy your property. Whether it’s a shared lake access path, a utility line running under your yard, or a neighbor’s driveway that cuts across your land, it pays to know what you’re agreeing to.
At Carolina Properties at Lake Marion, we help you:
- Review deeds, plats, and property descriptions
- Understand how access rights affect home value
- Connect with local professionals to clarify or resolve easement issues
- Market your property properly—with no surprises at closing
Contact us today for a consultation or to schedule a listing review. Whether you’re buying land, building a lake house, or selling a property with shared access, we’ll help you navigate every detail—above and below the surface.