easement
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Table of Contents
Easement
An easement is a non-possessory right to use another person’s land for a specific purpose.
Key Characteristics
- Does not transfer ownership
- Grants a right of use, not possession
- Runs with the land (usually)
- Considered an encumbrance
- May be affirmative or negative
Types of Easements
- Appurtenant Easement
- Benefits a specific parcel of land
- Involves a dominant tenement and servient tenement
- Transfers automatically with the land
- Easement in Gross
- Benefits a person or company, not land
- Common for utilities
- May be personal or commercial
Methods of Creation
- Express grant or reservation
- Implication
- Necessity
- Prescription
- Dedication
Termination of Easements
- Release
- Merger
- Abandonment
- Expiration
- Destruction of servient property
Exam Tip
- Easements affect the right of exclusion
- Easements do not give ownership or possession
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