easement


Also found in: Dictionary, Thesaurus, Legal, Encyclopedia, Wikipedia.

easement

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 ?
The appraisers were tasked with determining two values: the difference in the fair market value of the Richardsons' property before and after the taking, and the fair market value of the easement itself.
Existing laws and regulations set the coastal easement on the island at 30 meters and the road easement at six meters from the center of the road.
Acting Malay Mayor Abram Sualog told the INQUIRER that the structure was the only one remaining out of 10 resorts and hotels along the long beach that were violating the 30-meter beach easement.
Where defendants have been found to have easements by estoppel and by implication to use Lakeview Road in Webster for its entire length, as shown on a 1924 plan, but do not have the right to use the way to access the abutting Indian Ranch Property, a subsequent complaint for modification of the easements should be stricken on futility grounds.
'As soon as we left El Nido [Wednesday afternoon], the boats were back, anchored near the beachfront, while tables and chairs were back within the easement zone,' she said.
In 2009, the EDC and Harbor Lofts together transferred a facade easement to preserve the buildings' exteriors to the Essex National Heritage Commission Inc., a qualified organization under Sec.
As a result, an eighteen-foot Right-of- Way Easement was placed over a twenty-foot common driveway on Lots 3, 4 and 5.
Ylagan who, in turn, directed all barangay captains to remove all structures or buildings that encroached easement areas near seashores, rivers, and streams.
However, an easement can also be granted to a golf course or a backyard, which illustrates the rub with this tax provision: most of the time it is used to stop development in places where development was unlikely to ever occur.
Any legal discussion of an easement necessarily begins with the rights associated with the creation of that easement and its resulting characteristics.
articles describing abusive easement donation transactions.
Jeremy Hopkins and Brady Wells of Cranfill Sumner & Hartzog in Raleigh report that in addition to the land, Jerry and Judy Little lost three permanent utility easements, two slope easements and two temporary construction easements, splitting the property in two and rendering one-half unusable.