Editing Easement

An '''Easement''' is the right to use a property without taking possession.

==Types of easements==
There are 3 classes of easements: (1) easements appurtenant, (2) easements in gross, and (3) profits à prendre.

An '''easement appurtenant''' is not assignable because it is inseparable from the dominant estate.

An '''easement in gross''' does not serve a dominant estate--it benefits a person or entity.

An '''easement for profit''' (profit-à-prendre in French) is a right  to enter another’s land to extract something of value from it (as by mining, drilling, logging, fishing, or hunting). This kind of commercially purposed easement is virtually always assignable. See Restatement of Property § 489 comment b.

==Easement creation==
An easement can be created by 

# an express grant
# a reservation, & 
# a prescriptive easement (by adverse possession).

==Implied easement==
An implied easement is an easement appurtenant; it can be remembered via the acronym SCONE
# Apparent <u>S</u>ervitude
# <u>Co</u>ntinuity
# <u>Ne</u>cessity.

==Termination of easements==
Termination of easements may be remembered with the acronym MEND CRAP BFP:

#Merger: the servient estate & the easement become vested in 1 person
#Estoppel: the servient estate determinally changes position, in reasonable reliance that the easement holder is relinquishing the easement
#Necessity: an alternative has becomes available to the easement by necessity (EBN)
#Destruction of the servient estate

#Condemnation through eminent domain
#Release: easement holder voluntarily gives up the easement in writing
#Abandonment: easement is extinguished when the holder of the easement abandons it
#Prescription: this occurs when the servient owner satisfies most elements of '''adverse possession'''

#Purchase of the servient estate by a BFP (Bona fide purchaser https://www.law.cornell.edu/wex/bona_fide_purchaser ) for value


==License to use land==
A '''license''' is a privilege to use the land; a license is not subject to the '''Statute of Frauds'''.
{| class="wikitable"
|+A simplification
!Characteristics
!Lease
!License
!Easement
|-
|Agreement between 2 parties
|Yes
|No
|No
|-
|Conveys an interest in real property
|Yes
|No
|Yes
|-
|Revocable
|No
|Yes
|No
|-
|Transferable
|Yes
|No
|Yes
|-
|Exclusive right
|Yes
|Optional
|Optional
|}

===Termination of a land license===
A license may be terminated by
# death (of licensee or licensor)
# revocation 
# alienation (if the subject property has changed ownership)