A recorded easement is a legal right of access that is documented in county records and tied to the property itself. Because it is attached to the land, it transfers automatically to whoever owns the parcel next, and it generally cannot be revoked simply because a neighbor changes their mind or the neighboring property changes hands.
Informally using a neighbor's driveway or road, even if it has been done for years without any issue, does not create that same guaranteed right. This kind of informal use can be shut off by the neighbor, or by a future owner of the neighboring property who is not aware of, or does not honor, the prior arrangement. Some long-term informal use can, in certain circumstances, potentially support a legal claim to access, but that is a case-by-case legal question, not something to assume applies.
Before relying on any claimed access to a parcel, confirm what is actually recorded. This means checking:
- Whether an easement is referenced in the deed or a separate recorded document at the register of deeds
- Whether the language of that easement actually covers the parcel and use you are planning
- Whether the informal arrangement being described by a seller has ever been formalized
If access depends entirely on an informal, unrecorded arrangement, that is worth raising with a real estate attorney before treating the deal as settled.