Easement

What Is an Easement? An easement is a nonpossessory interest in real property that allows the holder to use land owned by another person for a particular purpose. Unlike a lease, an easement does not grant possession or exclusive use of the property. Easements are typically recorded in public land records and remain attached to the property even when ownership changes. ## Types of Easements - **Easement appurtenant** benefits an adjacent property and transfers automatically with the land - **Easement in gross** benefits a specific person or entity rather than a parcel of land (e.g., utility easements) - **Prescriptive easement** is acquired through continuous, open, and adverse use over a statutory period - **Easement by necessity** arises when a property is landlocked and requires access across neighboring land ## Creating and Terminating Easements Easements can be created by express written agreement, implication, necessity, or prescription. They can be terminated by merger of the dominant and servient properties, express release, abandonment, or expiration of a specified term. Property owners should be aware of existing easements before purchasing land, as they can limit development options and affect property value.