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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 ?
An easement is similar to a wayleave in the rights granted, but it is executed as a deed and permanently registered against the property in consideration of a one-off payment made to the property owner.
Most of the Energis network is carried on overhead electricity apparatus, and the new rates will be paid in addition to existing electricity wayleave payments where optic fibres are attached and are in use for commercial purposes.
If you, the landlord, originally gave permission for a wayleave, but want to get rid of it at the end of the term of the lease, you might be in for an unpleasant surprise.
The third generation mobile phone masts could mean that a landowner's property is continuously engaged for the foreseeable future, so take great care when contemplating a wayleave agreement.
The third-generation mobile phone masts could mean that a landowner's property is continuously engaged for the foreseeable future, so take great care when contemplating a wayleave agreement.
Additionally, Jacobs is providing services up to and including obtaining planning/statutory approval and assisting the Contracting Authority in the acquisition of the necessary sites and wayleaves associated with the scheme.
The allowance for uncontrollable costs such as rates, wayleaves and licence fees is set equal to the actual cost in each year.
ehB has completed deals at the Timothys Bridge Road site with Wayleaves, Zinc, Warwickshire Primary Care Trust, BCW, The Jennifer Trust for Spinal Muscular Atrophy and Big Red Recruitment Limited.
As if this were not enough he remained actively involved in agriculture all his life, being a landowner and landlord himself, and renting land from others such as the Duke of Northumberland and the Earl of Durham, in addition to the farms which came to him with the royalties and wayleaves he negotiated for his mining operations.
But she changed the way BT handles its wayleaves - which gives it the right to place telegraph poles and equipment on private land.
The Contractor shall bear all expenses and charges for special temporary wayleaves required by him in connection with access to the Site.
Are there any easements and wayleaves across the land and, if so, where are the relevant agreements for these?