Thinking about buying acreage around Washington in McClain County? Before you fall in love with the view, make sure you understand the easements on the land. Easements shape what you can build, where you can drive, and even whether a lender will finance your purchase. This guide breaks down what easements are, which ones you’re likely to see locally, and the steps to protect your use, value, and access. Let’s dive in.
What an easement is
An easement is a limited property right that lets someone use another person’s land for a specific purpose while the owner keeps title. Many easements “run with the land,” which means they stay in place when the property is sold. Easements are usually created by a recorded document, but some can arise by long-term use or by necessity.
Key details are found in the easement’s terms. Look for the scope of use, the width, who maintains it, and whether it is exclusive or shared. Also check whether it benefits a specific neighboring tract (appurtenant) or a company or person (in gross), such as a utility.
Common easements on Washington acreage
Access and public road rights-of-way
- Private ingress-egress easements allow you to cross a neighboring tract to reach a public road. They are critical if the parcel might be landlocked.
- County road rights-of-way are often recorded and can affect where you place driveways, fences, and improvements. Confirm if a road is publicly accepted and maintained or if it is private.
Utility and pipeline easements
- Utility easements cover power, water, sewer, phone, and fiber. Most are narrow strips, but wider areas may exist near substations or meters. Structures and permanent plantings are often limited within these corridors.
- Pipeline easements for oil or gas can include permanent surface-use restrictions and safety setbacks. Operators usually hold easements in gross and enforce specific terms.
Mineral rights and surface use
In Oklahoma, mineral rights are often severed from the surface. If someone else owns or leases the minerals, they may have rights that affect the surface for drilling or operations. Surface-use agreements can reduce impacts, but you need to know what exists before you buy.
Conservation and prescriptive rights
- Conservation or agricultural easements are voluntary restrictions, recorded to protect certain land uses or prevent subdivision. They can be permanent.
- Prescriptive easements and easements by necessity can arise without being recorded. Long-term use or a landlocked situation may create legal rights after a court’s determination.
Why easements matter for use and value
Easements often limit where you can build, place a driveway, or set a septic system. Many utility or pipeline corridors prohibit structures and can require removable fencing. Even easements that sit along a fence line can change your site plan.
Easements can also affect value. Wide or central corridors, active pipelines, or mineral operations can reduce usable acreage and market appeal. Narrow edge easements tend to have smaller value impacts but still matter for future development plans.
Financing is another factor. Lenders generally require legal, reliable access. If your access is only a handshake deal or a disputed path, a lender may decline the loan until you record a proper easement. Title insurance typically lists easements as exceptions, so review what is covered and what is not.
Washington and McClain County basics
When you are buying acreage around Washington, you will likely work with several local offices and professionals:
- McClain County Clerk and Assessor for recorded deeds, easements, plats, parcel maps, and tax data.
- McClain County Commissioners or Road Department for county road acceptance and maintenance records.
- Town of Washington offices if the property borders or lies within municipal limits and may be subject to city easements or overlays.
- Oklahoma Corporation Commission for oil, gas, and pipeline filings.
- Local utilities and co-ops for maps, policies, and easement use rules.
- Title companies and abstractors for title commitments, exceptions, and Oklahoma’s abstract tradition.
- Licensed surveyors for ALTA/NSPS or boundary surveys that show easements, encroachments, and improvements.
- Real estate attorneys familiar with Oklahoma property and mineral issues for legal review or to formalize access.
Your due diligence checklist
Follow these steps to avoid surprises and protect your plan for the land:
- Order title work
- Get a title commitment or abstract and have a professional review all exceptions and recorded easements.
- Confirm if title insurance will be issued and what easements will be excluded from coverage.
- Get a current survey
- Order an ALTA/NSPS land title survey for the full parcel. A recent survey is essential for acreage.
- Make sure the survey shows recorded easements, fences, improvements, visible encroachments, wells, and septic.
- Search county records
- Review deeds, easements, plats, dedications, releases, and any road acceptance documents.
- Look for ingress-egress rights, utility and pipeline easements, conservation restrictions, and any setback notes.
- Verify access and road status
- Confirm whether access is a county-maintained public road or a private easement.
- If private, clarify maintenance responsibilities and cost-sharing. Make sure the easement allows normal vehicles, livestock, and equipment you plan to use.
- Check for unrecorded rights
- Ask neighbors about long-term travel across the property, historical gates, or routine use. These patterns can lead to prescriptive claims.
- Discuss potential title endorsements for unrecorded rights with your title professional.
- Confirm mineral rights
- Determine if mineral rights convey. If severed, gather mineral deeds, leases, pooling orders, and any surface-use agreements.
- Ask your title company or attorney to review applicable Oklahoma Corporation Commission filings.
- Contact utilities and pipeline operators
- Request facility maps and written policies on what can or cannot be done within easement strips.
- Ask about relocation terms, permissions, and who pays for any changes.
- Review plats, setbacks, and drainage
- Study recorded plats or surveys for building lines, drainage easements, or flood-related encumbrances.
- Cross-check floodplains and wetland areas if applicable.
- Confirm well and septic placement
- Locate any well or septic easements and make sure setbacks will fit your site plan.
- Coordinate with your surveyor to reflect these on the drawing.
- Collect agreements and disclosures
- Ask the seller for maintenance agreements, expense-sharing records, and any disclosures about easements or access.
- If access is informal, negotiate and record a formal easement before closing.
Fixing or avoiding easement problems
- Negotiate changes. If the easement holder is known, you may be able to negotiate a modification, relocation, or a release. Make sure any change is recorded.
- Record new access. If your access is only by permission or historic use, work to formalize a recorded ingress-egress easement. Lenders and future buyers will expect this certainty.
- Address prescriptive issues. If a neighbor claims a prescriptive right, negotiation or legal action may be needed. An attorney can explain options and timelines.
- Consider merger opportunities. If you purchase a neighboring parcel that benefits from an easement across your land, combined ownership may allow termination, subject to title analysis.
- Understand relocation and termination terms. Some documents allow relocation, either at owner cost or the easement holder’s cost. Most recorded easements require a written, recorded release to terminate.
How easements affect your plans
Easements influence design choices. Barns, shops, homes, driveways, and fences must avoid restricted corridors. Septic systems and wells need to respect easement setbacks and access needs.
Easements also affect timing and budget. You might need extra surveying, legal review, or utility coordination. Planning early helps you avoid redesigns and delays before you break ground.
Finally, easements can shape long-term ownership. Maintenance obligations, shared costs for private roads, and inspection rights for utilities or pipelines will become part of your routine as an owner.
Final thoughts and local help
Easements are part of rural land ownership in Washington and across McClain County. With the right homework, they do not have to derail your plans. Start with strong title work, a current ALTA/NSPS survey, and clear access. Then verify utilities, pipelines, mineral status, and any unrecorded use. If something is unclear, get it formalized and recorded before closing.
If you want a local team that understands acreage, minerals, pipelines, and county roads, reach out to Coldwell Banker Heart of Oklahoma Real Estate. We pair hometown knowledge with a full-service approach to help you buy with confidence. Let’s Connect.
FAQs
What is an easement on rural Oklahoma land?
- It is a limited right for someone to use part of your land for a specific purpose, such as access or utilities, while you keep ownership.
How do I know if my Washington, OK parcel has legal access?
- Confirm with a title commitment and a current survey, and verify with county road records or a recorded ingress-egress easement.
Do mineral rights in Oklahoma affect the surface?
- Yes. Severed minerals or existing leases can allow surface operations; review mineral records and any surface-use agreements before you buy.
Can I build over a utility or pipeline easement?
- Usually not. Most easements prohibit structures and may require clearance for inspection and maintenance; check the recorded terms.
Who maintains a private road easement in McClain County?
- Maintenance is typically outlined in the easement document; if not, co-benefited owners often share costs, so get a written agreement.
What survey should I order for acreage with easements?
- An ALTA/NSPS land title survey is best for acreage, showing boundaries, improvements, and recorded easements in relation to the land.
Can an easement be moved or terminated?
- Only if the easement’s terms allow it or the holder agrees; any change must be documented and recorded with the county.
