Easement

Easement appurtenant and easement in gross

An easement appurtenant benefits another parcel, the dominant estate, and burdens the servient estate. It generally passes with the benefited parcel. An easement in gross benefits a person or organization without requiring a dominant parcel. Transferability depends on the interest and applicable law.

Creation and termination

An easement can arise by express grant or reservation, implication, necessity or prescription. Easement by necessity generally concerns access after land under common ownership is divided. A prescriptive easement generally requires open, adverse, continuous use for the applicable statutory period. Permission defeats adversity.

An easement may end by release, expiration, merger of the relevant estates, or abandonment shown by conduct and intent. Condemnation may extinguish or alter an easement depending on what is acquired.