Understanding Liens and Easements Before Buying in Spokane

By Chelsea McFarlandCo-Founder, McFarland Prey Real Estate · Broker, Prime Real Estate Group

What Is a Lien?

A lien means someone has a financial claim on the property. Common examples include:

• The seller's mortgage or home equity loan
• Unpaid property taxes
• Contractor or mechanic's liens for unpaid work
• Judgment liens from a court case
• Unpaid HOA dues

In a normal sale, escrow pays off liens from the seller's proceeds so you receive clear title. Problems come up when a lien is unexpected or larger than the sale can cover.

What Is an Easement?

An easement lets someone use part of a property for a specific purpose. It usually transfers with the property when it's sold. Common examples include:

• Utility easements for power, water or sewer lines
• Access easements, like a shared driveway or road
• Drainage easements

Most easements are routine. But they can affect where you build a shop, add a fence or put in a garden.

Extra Things to Check on Rural and Acreage Properties

If you're buying land or a home on acreage outside the city, ask about:

• Legal access. Is there a recorded easement to reach the property?
• Shared private roads. Is there a road maintenance agreement, and who plows in winter?
• Well and septic. Are there easements or shared-well agreements?
• Boundaries. A survey can confirm where the property lines actually are.

How to Check Before You Buy

1. Read the preliminary title report. It lists recorded liens, easements and other items affecting the property. Ask the title company about anything you don't understand.
2. Look at the recorded documents. The title report references the actual easement documents, which show exactly what they allow.
3. Walk the property. Look for paths, power lines, shared driveways or neighbors' fences that may hint at something unrecorded.
4. Consider a survey, especially for acreage or when boundaries aren't clear.
5. Ask questions early. Your contract gives you a window to review title. Raise concerns before that deadline.

I've helped a lot of buyers through rural and acreage purchases, and this is where I dig in and chase down answers.

For one buyer purchasing vacant land, the neighbor had built a dog fence over the property line. We worked through the adjustment so the buyer got the property they expected, with no encroachments. I've also helped clients set up access easements through a vacant parcel they were subdividing.

"As various issues arose from easements to wetland concerns, she got us the information we needed and helped put things in perspective."

Jonathan O., Redfin review

Frequently Asked Questions

Can I buy a house with a lien on it?

Yes. Most homes have a mortgage lien that's paid off at closing. Unexpected liens need to be resolved before closing so you get clear title.

Can an easement be removed?

Sometimes, if everyone with an interest in it agrees and it's properly released. It's often a legal process, so talk to a real estate attorney.

Does title insurance protect me from liens?

An owner's title policy protects you from covered title problems that weren't found before closing. Review the policy for what's included.

Questions About a Property's Title?

I'm happy to help you understand what's in a title report and what to ask about.

Call or text Chelsea: 509.565.1581
Email: chelsea@mcfarlandprey.com
Office: 1402 S Grand Blvd, Suite 201, Spokane, WA 99203

Disclaimer: This page is general information, not legal, tax or financial advice. Laws, rules and programs change, so please confirm the details for your situation with the right professional, such as a real estate attorney, tax advisor, lender or the county. Chelsea McFarland is a licensed real estate broker with Prime Real Estate Group.