Easement

An easement is the right of use over the real property of another. Historically it was limited to the right of way and rights over flowing waters. Traditionally it was a right that could only attach to an adjacent land and was for the benefit of all, not a specific person. The right is often described as the right to use the land of another for a special purpose. It is distinguished from a license that only gives one a personal privilege to do something on the land of another usually the permission to pass over the property without creating a trespass.

Related Topics:
Real property - Right of way - License

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Typically, an easement is composed of two tenements (types of land). There is the dominant tenement which is the plot of land to which the benefit an appurtenant easement is attached. Second, there is the subservient tenement which is the plot of land which bears the burden of the easement.

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Easements may be considered public or private. A private easement is limited to a specific individual such as the owner of an adjoining land. A public easement is one that grants the right to a large group of individuals or to the public in general, such as the easement on public streets and highways or of the right to navigate a river. An appurtenant easement is one that belongs to the owner of the land that benefits from the easement, as compared to other easements (easements in gross) that do not require ownership to obtain the use.

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An easement may be implied or express. An express easement is typically included in a document such as a deed or other officially recorded grant, or incorporated by reference to a subdivision plan, or restictive covenants in an association agreement.

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Note that in US, in accordance with the 5th amendment, a property cannot simply be taken as an easement from a property owner. Instead, they must be compensated for their loss.

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