easement (redirected from Easements)

easement, in law, the right to use the land of another for a specified purpose, as distinguished from the right to possess that land. If the easement benefits the holder personally and is not associated with any land he owns, it is an easement in gross (e.g., a public utility's right to run power lines through another's property). At common law an easement in gross could not be transferred, but today it may be transferable. If the easement is held incident to ownership of some land, it is an easement appurtenant (e.g., the right to run a ditch through a neighbor's yard to drain your land). The land subject to the easement appurtenant is the servient estate, the land benefited the dominant estate. If certain conditions are met, the easement passes with the land to the new owner after the sale of either estate. An easement may be created by express agreement of the parties, in which case it must usually be in writing (see Frauds, Statute of), or it may be implied by a court from the actions of the parties in certain circumstances.

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easement

In Anglo-American property law, an interest in land owned by another that entitles its holder to a specific limited use or enjoyment, such as the right to cross the land or have a view over it continue unobstructed. It may be created expressly by a written deed of grant conveying the specific usage right, or it may be created by implication, as when an owner divides property into two parcels in such a way that an already existing, obvious, and continuous use of one parcel (e.g., for access) is necessary for the reasonable enjoyment of the other. Some U.S. states permit the creation of an easement by prescription (acquisition of an interest), as when one person makes continuous use of another's land for some specified period of time (e.g., 20 years). Utility companies often own easements in gross; these are not dependent on ownership of the surrounding estate. Numerous other kinds of easements have been important in Anglo-American law. See also real and personal property.