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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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
We remain committed to agreeing a fair wayleave compensation price."
"At time when the UK is desperate for housing this prehistoric legislation and cumbersome Wayleave process should not be allowed to hinder such developments," he added.
The wayleave clearance is the track in which the pipeline will be laid.
Encroaching on KPC, Kenya Revenue and Kenya Power wayleaves is wrong,' Kithinji said.
Usually they do this by negotiating an agreement called a 'voluntary wayleave'.
In the letter, Mr Twigg also criticised the Wayleave procedure under which SOG would be unable to claim back its costs even if it wins.
Telephone 150 and ask to speak to the "wayleave duty officer" about your pole.
The desperate residents numbering 20 appearing before National Assembly's Energy committee described how they lost property and lives during the exercise despite assurance from Kenya Power that those who were out of the delineated power line wayleaves would be spared.
"Normally the electricity companies will agree to pay towards the surveyor's costs in negotiating a Wayleave," said Kathryn.
Frank would quite like to stay concentrated on his work as a wayleave officer with Pierce Constant Solutions.
A niche Solihull company is expanding - Hamer Associates is a wayleave consultancy based at Blythe Valley Innovation Centre.