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A nonpossessory right to use another's property.Easements may be created by express words of grant in a written document, by prescription (unrestricted usage over time resulting in property rights),or by necessity,as when the law will force the grant of ingress and egress rights for landlocked property.

• Easements are said to be appurtenant or in gross. If appurtenant, then the easement bene fits one property and burdens another one. The property being benefited is called the dominant estate, dominant tenement, or dominant hereditament—they all mean much the same thing. The one with the burden is called the servient estate, tenement, or hereditament.

• Easements appurtenant stay with the land, no matter who owns it or how many times the land changes hands. An example is a right-of-way easement.

• If the easement is in gross, then it is personal to someone and does not benefit a particular property. A common example is a power line easement. The easement stays in effect no matter who owns the land burdened by the easement, but typically expires with the death of the owner of the easement.

• An easement may not unduly burden the property.

Example:  A right-of-way easement may have been originally granted so one farmer could cross the property of another to reach another field. Later, one farm is sold to someone who plans to build a 250-home subdivision and use the right-of-way as the construction entrance. Courts will not allow this.

References in periodicals archive ?
WRE includes permanent easements that pay 100 percent of the easement value and restoration costs, and 30-year easements that pay up to 75 percent of the easement value and restoration costs.
The funding is provided through the Agricultural Conservation Easement Program (ACEP), created by the 2014 Farm Bill to protect critical water resources and wildlife habitat, and encourage private owners to maintain land for farming and ranching.
Prioritize areas for easement clearance; reviewed aerial crossing from various mapping programs --about 50 miles of our utilities infrastructure is located in easements.
Survey easements and mark easement boundaries and pipelines; post or repost utility pipelines Surveyors accurately determined the easement boundaries and located the underground pipelines.
WORCESTER -- Assumption College has rescinded its request for a 518-square-foot easement over the property that includes Nelson Place School.
Talk of the easement, which would have connected the existing campus to undeveloped land owned by Assumption, had raised concerns among neighborhood residents about the college's plans for that land.
In order to ensure a view for its higher floors, the developer approached the co-op about purchasing a light and air easement.
After an audit, the Commissioner of Internal Revenue (Commissioner) determined that the partners' conservation easements were valueless.
united States are protected with perpetual conservation easements.
To avoid reversionary clauses from causing easements not to be treated as sales, they should be contingent.
II provides an overview of the history of preservation easements with an
A conservation easement is a charitable contribution of certain property interests of farm, ranch, other open lands or a building of historical significance to qualified organizations acting in the public good.