Easement: Difference between revisions
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# an express grant | # an express grant | ||
# a reservation, & | # a reservation, & | ||
# a prescriptive easement. | # a prescriptive easement (by adverse possession). | ||
Revision as of 11:58, March 27, 2023
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 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).
