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.
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.
Study This Term In
Related Terms
Deed
Real EstateA deed is a legal document that transfers ownership (title) of real property from one party to another.
Encumbrance
Real EstateAn encumbrance is any claim, lien, charge, or liability attached to real property that may diminish its value or burden its title, but does not necessarily prevent transfer of ownership.
Title
Real EstateTitle is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.