Easement
A non-possessory right to use another person's land for a specific purpose.
Full Definition
An easement is a non-possessory right to use or access another party's real property for a specific purpose. The dominant tenement is the property that benefits from the easement; the servient tenement is the property burdened by it. An easement appurtenant runs with the land and is automatically transferred when either property is sold. An easement in gross benefits a specific person or entity (like a utility company), not adjacent land. Easements are created by express grant (written agreement), implication (when land is divided and one parcel needs access), necessity (landlocked property requiring access), or prescription (open, continuous, adverse use for a statutory period, similar to adverse possession). Easements can be terminated by merger, expiration of a stated period, abandonment, or release.
Real-World Example
A utility company has an easement appurtenant across a homeowner's backyard to access power lines. Even if the home is sold, the easement remains and binds the new owner.
How Easement Appears on the Real Estate Exam
Common question types, tested concepts, and what to watch out for
Know the difference between easement appurtenant (benefits adjacent land, runs with title) and easement in gross (benefits a person/entity). Also know the four ways easements are created and how they terminate.
Related Terms
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