Easements — Rights to Use Another's Land

An easement is the right to use another person's land for a specific purpose.

Easement appurtenant:

Benefits one parcel (dominant tenement) at the expense of another (servient tenement)

Runs with the land — transfers automatically when property is sold

Example: Driveway easement across neighbor's land

Easement in gross:

Benefits a person or entity, not a parcel

Example: Utility company's right to run power lines across your land

How easements are created:

Express grant (written agreement)

Necessity (landlocked parcel needs access)

Prescription (open, continuous, hostile use for statutory period)

Implication (prior use)

Encumbrance: Any claim, lien, easement, or restriction that affects the title or use of property.

License vs. easement: A license is permission to use property that can be revoked at any time. An easement is a legal right that cannot be casually revoked.

Reference:

Wikipedia: Easement

https://en.wikipedia.org/wiki/Easement