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Easement
Practical Law Glossary Item 0-507-1054 (Approx. 3 pages)
Glossary
Easement
A non-possessory interest in real property that provides the holder with the right to use another party's real property for a specific purpose. The underlying legal title to the real property encumbered by the easement is retained by the original owner for all other purposes.
Easements can affect one or all the following areas of the encumbered real property:
- Surface.
- Underground.
- Aboveground.
An affirmative easement entitles the easement holder to do something on another's land. A negative easement divests a land owner of the right to do something on the property. An easement can be either an easement appurtenant or easement in gross. Easements can be used for many reasons, including by:
- Landlocked individuals who need to cross over their neighbor's property for entering and exiting public roads. This kind of easement is also known as a right-of-way or an easement of necessity.
- Utility companies that operate and maintain overhead or underground utility lines for telephone service, electricity, or gas.
- Municipalities that operate and maintain underground sewer lines.
- Ranchers in need of herding their cattle across their neighbors' land.
Easements can be created expressly or by implication, provided certain conditions are met.