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What Is an Easement, and Why Does It Matter?

Posted: October 21, 2025

Easements show up all the time in real estate—but what do they actually mean for property owners? Here’s a general look at how they work.

A surveyor wearing an orange hard hat and striped shirt uses a theodolite mounted on a tripod on a dirt road, while writing notes on a clipboard. Green vegetation lines both sides of the road.

If you’ve ever owned property, bought land, or reviewed a title report, chances are you’ve seen the word easement pop up. It’s one of those terms that sounds complicated—but at its core, it just means that someone has the right to use part of a property for a specific reason.

Let’s take a closer look at what easements are, how they show up in everyday property situations, and why they’re something worth paying attention to.

The Basics: What Is an Easement?
An easement is a legal right that allows someone to use a piece of land they don’t own. That doesn’t mean they can build on it or live there—it usually means they can access or cross over the land to do something specific, like get to their own property or maintain utility lines.

Easements don’t transfer ownership. Instead, they create a shared interest in how the land is used.

Common Types of Easements You Might Run Into
There are a few types of easements that come up regularly in Minnesota real estate:

  • Utility Easements
    These give utility companies access to your land to install or maintain things like water lines, sewer systems, or electrical equipment. They’re often underground and don’t affect day-to-day life—but they may limit where you can build.
  • Access Easements (Right-of-Way)
    This type lets someone pass through your land—often because their property doesn’t have direct access to a public road. You’ll sometimes see this with landlocked parcels or shared driveways.
  • Private Easements
    These are usually created through an agreement between neighbors. Think shared driveways, walkways, or private roads. They can be informal in nature but are often recorded with the county.
  • Drainage or Conservation Easements
    These help manage runoff or protect natural areas. They may limit certain types of development or landscaping on specific parts of a property.

Where Easements Show Up
Most easements are recorded with the county and included in the property’s title. That means they usually stay in place even when ownership changes. If you’re buying or selling property, they often show up during the title search.

It’s also not unusual for easements to be noted in a property’s legal description or on a survey map.

Why Easements Matter for Property Owners
Even though easements don’t always affect your daily life, they can shape what you can or can’t do with your land. For example, you might not be able to build a garage or fence over an easement area. And if a neighbor or company has access to part of your property, it helps to understand the boundaries of that access.

In other words: easements don’t usually create problems, but it’s good to know they’re there—just in case.

Final Thoughts
Easements are a normal part of real estate and property ownership. Whether they involve utilities, access, or shared use, they help define how land is used and shared between owners, neighbors, and service providers.

If you’d like to learn more about how easements typically work in Minnesota, the team at Borden, Steinbauer, Krueger & Knudson, P.A. is happy to provide general information.

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For over 55 years, Borden Steinbauer, Krueger & Knudson, P.A. has been providing effective legal representation to individuals, businesses and area municipalities in the Brainerd Lakes and surrounding areas.

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Mail: P.O. Box 411 Brainerd, MN 56401
Office: 302 S. 6th St. Brainerd, MN 56401
Phone: 218-829-1451
Fax: 218-829-2946
 
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A smiling man, SAMUEL D. CLAUSEN, with short brown hair and a beard, wears a blue suit, white shirt, and light blue patterned tie, standing in front of bookshelves filled with books.

SAMUEL D. CLAUSEN

Associate

Born and raised in St. Cloud, Minnesota, Sam is thrilled to return to Central Minnesota after passing the bar exam in 2024. Sam's diverse experience spans roles with the Douglas County Attorney’s Office (Civil Division), a Nebraska lobbying firm, Hudl, and the University of Nebraska Civil Clinic. Through these positions, he gained valuable exposure to various areas of law, including civil litigation, policy advocacy, and client counseling. Early in his legal career, Sam is eager to leverage his skills and experiences to deliver effective and personalized legal solutions for BSKK’s clients.

Areas of Practice:

- Business Litigation

- Construction Litigation

- Property Law & Real Estate

- Contract Disputes

- Personal Injury

- Probate/Trust Disputes

- Landlord/Tenant

- Family Law

Education:

- University of Nebraska College of Law, Lincoln, Nebraska, 2024, J.D.

- Concentration in Real Estate and Business Transactions

- North Dakota State University, Fargo, North Dakota, 2019, B.S.

- Honors: Magna Cum Laude

- Majors: Political Science and Management Communication

Bar Admissions:

- Minnesota 2024

Professional Memberships:

- Minnesota State Bar Association

A man in a navy suit and red tie sits in a maroon chair, hands folded, in front of bookshelves filled with legal books.

DAVID V. HURT

Associate

David V. Hurt is a seasoned litigator who has been advocating for individuals, families, and businesses across Minnesota since 2012. His practice is rooted in a practical, results-driven approach that blends strategic litigation with thoughtful dispute resolution. David's clients trust him to navigate complex legal issues with clarity, efficiency, and unwavering commitment.

He began his legal career clerking for the Honorable John G. Melbye in the Ninth Judicial District of Minnesota, where he gained invaluable perspective on trial practice and judicial reasoning. Since then, he has built a diverse portfolio of experience at firms in Minneapolis, Washington, D.C., and Pennsylvania—litigating matters ranging from corporate and construction disputes to aviation claims.

David’s practice spans a wide range of civil matters, including business formation and litigation, real estate and land use disputes, probate and trust litigation, and family law. He is particularly experienced in resolving high-conflict disputes and routinely employs alternative dispute resolution strategies to secure favorable outcomes for his clients while minimizing cost and disruption.

Areas of Practice:

  • Business Formation & Litigation
  • Contract Disputes & Commercial Litigation
  • Construction Litigation
  • Real Estate, Property & Land Use Law
  • Probate, Trust & Estate Litigation
  • Guardianships & Conservatorships
  • Family Law
  • Landlord Representation & Evictions

Education:

  • J.D., Florida Coastal School of Law, Jacksonville, FL, 2012
  • B.S., University of North Dakota, Grand Forks, ND, 2009

Bar Admissions:

  • Minnesota, 2012
  • U.S. District Court, District of Minnesota, 2018

Professional Affiliations:

  • Minnesota State Bar Association
  • Brainerd Jaycees
  • Brainerd Elks Lodge 615
  • Brainerd Lakes Area Chamber of Commerce
VIRGINIA J. KNUDSON, a woman with shoulder-length blonde hair, wearing a navy blazer over a light blue top, smiles while standing in front of bookshelves filled with books.

VIRGINIA J. KNUDSON

Shareholder

Virginia "Ginny" Knudson represents individuals and businesses in various areas of law, including, estate planning and probate, business and corporate, real estate, and governmental relations. Ginny provides mediation services in divorce and custody, especially for business owners and high wage-earners, as well as for real estate, probate and business disputes.  Ginny has been selected as a top attorney by Minnesota Super Lawyer Magazine from for 13 years.

 

Areas of Practice:

– Estate planning

– Business and corporate

– Real estate and landlord representation

– Probate disputes, guardianships and conservatorships

– Municipal and governmental relations

-- Mediation

 

 

Education:

– University of Minnesota Law School, Minneapolis, Minnesota, 1994, J.D.

    – Honors: Cum Laude

– University of St. Thomas, Minneapolis, Minnesota, 1991, B.A.

    – Honors: Summa Cum Laude

    – Honors: Aquinas Scholar

    – Major: Economics, Spanish, Minor: Business

 

Bar Admissions:

– Minnesota, 1994

– U.S. District Court District of Minnesota, 1994

– U.S. Court of Appeals 8th Circuit, 1996

 

Professional Memberships:

– St. Francis Church Finance Council, 2004–present, Chair and Trustee
- Essentia-St. Joseph's Medical Center, Directors Council, 2020-present

- Lakes Area Music Festival Board, Board Member 2022-present

– Brainerd Area Chamber of Commerce, 2016-2022, Board Member and Chair
– Mount Ski Gull, Board Member, 2014-2019

– Benevolent and Protective Order of Elks, Brainerd Lodge #615

– Zonta International, 1999–2018

– Jaycees, Brainerd, 1998–1999

– Aitkin/Crow Wing County Bar Association, 2000–2001, President 

– Aitkin/Crow Wing County Bar Association, 1999–2000, Vice-President

PATRICK M. KRUEGER

Retired

Patrick has been practicing law since 1980, dedicating over 90% of his career to representing personal injury victims and their families, as well as handling a wide range of civil litigation matters. He is a Certified Trial Specialist recognized by the Minnesota Bar Association and was named a leading American attorney in personal injury law by the American Research Corporation. His professional excellence also earned him recognition as a Super Lawyer by Minnesota Law & Politics, placing him among the top six percent of attorneys in Minnesota.

Pat is enjoying a well-deserved retirement after 40+ years of practice. We thank Pat for his years of dedication to the firm and his service to the Brainerd Lakes Area. His legacy is marked by a deep commitment to justice, compassion for clients, and significant contributions to the legal profession.


Areas of Practice (during his active years):

  • Plaintiff’s Personal Injury

  • Civil Litigation

  • Real Estate Litigation

  • Construction Litigation

  • Contract Litigation

  • Mediation and Arbitration

Education:
University of North Dakota School of Law, Grand Forks, ND – J.D., 1980
   - Honors: Graduate of the Year, Bruce Inn
   - North Dakota Law Review, 1979–1980
Concordia College, Moorhead, MN – B.A., 1974
   - Major: Business Administration / Hospital Administration

Bar Admissions:

  • Minnesota, 1980

  • U.S. District Court, District of Minnesota, 1981

Professional Memberships:

  • American Bar Association, Member

  • Minnesota State Bar Association, Member

  • American Association for Justice, Member

  • Minnesota Association for Justice, Member

  • Crow Wing-Aitkin County Bar Association, Past President

  • Brainerd Area Chamber of Commerce, Past Board Member

  • Brainerd Jaycees, Past President (1981–1982)

  • Benevolent and Protective Order of Elks, Brainerd Lodge #615, Past Exalted Ruler

  • P.O.R.T. Group Home, Past Member, Board of Directors

An older man with gray hair, identified as CHARLES P. STEINBAUER, wearing a navy suit, white shirt, and red tie stands in front of shelves filled with books.

CHARLES P. STEINBAUER

Shareholder
Chuck has over five decades of legal experience helping clients with their real estate and business law needs. Chuck also assists clients with their estate planning and prenuptial agreement needs.
 
Areas of Practice:
- Business and commercial law
- Estate planning
- Probate and estate administration
- Real estate law
 
Education:
- University of Minnesota Law School, Minneapolis, Minnesota, 1969, J.D. 
- St. John's University, Collegeville, Minnesota, 1966 B.A. 
 
Bar Admissions:
- Minnesota, 1969
- U.S. District Court District of Minnesota, 1971
 
Professional Memberships:
– 15th District Ethics Committee, 1993–1999, Chair
– Benevolent and Protective Order of Elks, Brainerd Lodge #615 
– Past Exalted Ruler
– St. Francis of the Lakes Catholic School Foundation Board
– Baxter Bass Snatchers