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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 ?
In a statement to ECHO Business, SP Manweb said: "On July 25, 2014 the Secretary of State granted SP Manweb Plc a 15-year Necessary Wayleave for electricity apparatus at the Heath.
We are not engineers, our expertise is in the knowledge of the wayleave legislation and how to use this to remove or re-route lines and pylons.
A wayleave is a contract whereby the owner or lessee of a property grants a right to a utility company for the equipment to be installed and retained in consideration of an annual payment.
How could wayleaves be applied for to a person that had probably left during the potato famine?
This project is progressing well and we haven't faced wayleave acquisition challenges so far, he said in an interview during a media briefing in Nairobi.
The New Main Will Be Installed Through An Open Hill Including A Forest With A 4M Wayleave And Along Both Minor And National Public Roads.
Oliver Harwood, chief surveyor at the CLA, said: "It is always good to work in close partnership with the NFU on wayleave issues, and our joint efforts have finally delivered a fruitful outcome.
Contract award: Framework Agreement for the Provision of Wayleave Officer Services.
The colliery owners also didn't want to pay wayleave fees to cross various owners' land in Newcastle.
An occupying tenant can therefore enter into a wayleave agreement with an operator that will bind the landlord.
An occupying tenant can, therefore, enter into a wayleave agreement with an operator that will bind the landlord.
Telecoms operators require a wayleave to place equipment on land.