Real Estate
Easement
An easement is a legal right to use another person's land for a specific purpose without owning it, such as a utility company's right to access power lines or a neighbor's right to use a shared driveway.
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Exam Tip
Easement appurtenant = runs with land (transfers). Easement in gross = personal (utility companies). Know dominant vs. servient estate.
What is an Easement?
An easement is a nonpossessory interest in land that gives someone the right to use property they don't own for a specific purpose. The landowner retains ownership but must allow the easement holder's use.
Types of Easements
| Type | Description | Example |
|---|---|---|
| Easement Appurtenant | Benefits an adjacent property; transfers with the land | Driveway access across neighbor's land |
| Easement in Gross | Benefits a person or company, not tied to adjacent land | Utility company right-of-way |
| Prescriptive Easement | Acquired through continuous, open use over time | Path used for 20+ years |
| Easement by Necessity | Required for landlocked property access | Only road access crosses another property |
Key Terms
| Term | Definition |
|---|---|
| Dominant Estate | Property that benefits from the easement |
| Servient Estate | Property burdened by the easement |
| Right-of-Way | Common type of easement for passage |
How Easements Are Created
- Express Grant - Written agreement in a deed
- Reservation - Seller keeps easement when selling property
- Implication - Implied from prior use when land is divided
- Necessity - Required for access to landlocked property
- Prescription - Long-term use without permission (like adverse possession)
Terminating Easements
- Merger of dominant and servient estates
- Release by easement holder
- Abandonment (requires intent plus non-use)
- Expiration of time limit
- Condemnation
Impact on Property Value
Easements can reduce property value because they limit the owner's exclusive use, though utility easements are common and typically expected.