Easement: Difference between revisions

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

1. an express grant
2. a reservation, &
3. a prescriptive easement (by adverse possession).

Implied easement

An implied easement is an easement appurtenant; it can be remembered via the acronym SCONE

1. Apparent Servitude
2. Continuity
3. Necessity.