Easement
An easement is a non-possessory right to use another person's land for a specific purpose, such as accessing a road or running utility lines.
š¬ Video Explanation
Exam Tip
Appurtenant = benefits land (runs with land). In Gross = benefits person/company. Dominant tenement benefits; Servient tenement is burdened.
What is an Easement?
An easement grants the right to use someone else's property without owning or possessing it. Unlike ownership, an easement provides limited use rights for specific purposes.
Types of Easements
| Type | Description | Example |
|---|---|---|
| Appurtenant | Benefits adjacent land | Driveway access to landlocked parcel |
| In Gross | Benefits a person/company (not land) | Utility company easement |
Easement Terminology
| Term | Meaning |
|---|---|
| Dominant Tenement | Land that benefits from easement |
| Servient Tenement | Land burdened by easement |
| Easement Appurtenant | Runs with the land (transfers with property) |
| Easement in Gross | Personal right (may not transfer) |
How Easements Are Created
- Express Grant - Written agreement
- Express Reservation - Seller reserves easement when selling
- Implication - Implied from circumstances
- Necessity - Required for reasonable use (landlocked)
- Prescription - Continuous use for statutory period (like adverse possession)
Common Types of Easements
| Easement | Purpose |
|---|---|
| Utility Easement | Power lines, water, sewer |
| Access Easement | Driveway, road access |
| Conservation Easement | Restrict development |
| Solar Easement | Protect sunlight access |
Terminating Easements
| Method | Description |
|---|---|
| Release | Dominant owner releases rights |
| Merger | Same person owns both properties |
| Abandonment | Intent to abandon plus non-use |
| Expiration | Term expires |
| Condemnation | Government takes property |
Study This Term In
Related Terms
Encumbrance
An encumbrance is any claim, lien, or liability attached to real property that may diminish its value or affect the owner's ability to transfer clear title.
Deed
A deed is a legal document that transfers ownership (title) of real property from one party to another.
Title
Title is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.
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