Easements - PowerPoint

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					The right to trespass, legally on the lands
                                 of another
More on Easements
• Right to use for special purpose
  • Public e.g., for road expansion
  • Private: e.g. Access to a Lake
• Restrict how property can be
  used, because usually a structure
  cannot be built on it
• Various types
The right, privilege, or interest that one
party has in the land of another. ie the
right of public utility companies to lay
their lines across other’ property.

A non-possessory interest in land owned
by another. (not ownership)

Examples: a common wall in a duplex or
condominium (party wall), the right to
take water from the land of another, the
right to receive light and air.
       Two classes of Easements
          Appurtenant       In Gross
• For a special purpose     • Does not benefit
• Attached to and runs          from a particular
    with the land               parcel
•   Needs two adjoining     •   Is personal and
    properties                  can be sold
•   One who benefits from   •   Given mostly to
    easement: Dominant          utility companies
    holder                      I.e Electric, phone,
•   Burdened? Servient          cable,
Easement appurtenant
•   Two landowners
•   One benefits (Dominant estate)
•   One is burdened (servient estate)
•   Runs with the land
•   Purpose?
    • To allow access to desireable
      feature ie water, an access road
• How terminated?
Easement in Gross
              • Commercial
              • Government,
                its agencies,
                or a public
                utility usually
              • Owner can
                transfer, sell or
Types of easements
• By express grant or reservation
• By agreement
• By necessity
• By prescription
• By Condemnation
• By sale or reference to
 subdivision plot
Termination of Easement

• Express release by dominant
• Merger of the properties
• Abandonment
• Purpose no longer exists
  Difference between an
 easement and a license

    One is permanent and the
other is temporary and can be
• Deed restriction
  • Imposed by sub dividers or
    builders to make property more
  • Public restrictions like Police
  • Termination (expiration of time
  • Party Wall
  • Lateral support

Katie has permission from Todd to hike on his
  property during the autumn months. Katie
A An easement by necessity
b An easement by condemnation
c Riparian rights
d A license