From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.

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

Types of easements[edit | edit source]

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[edit | edit source]

An easement can be created by

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

Implied easement[edit | edit source]

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

  1. Apparent Servitude
  2. Continuity
  3. Necessity.

Termination of easements[edit | edit source]

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

  1. Merger: the servient estate & the easement become vested in 1 person
  2. Estoppel: the servient estate determinally changes position, in reasonable reliance that the easement holder is relinquishing the easement
  3. Necessity: an alternative has becomes available to the easement by necessity (EBN)
  4. Destruction of the servient estate
  1. Condemnation through eminent domain
  2. Release: easement holder voluntarily gives up the easement in writing
  3. Abandonment: easement is extinguished when the holder of the easement abandons it (e.g. Lindsey v. Clark, 1952)
  4. Prescription: this occurs when the servient owner satisfies most elements of adverse possession
  1. 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[edit | edit source]

A license is a privilege to use the land; a license is not subject to the Statute of Frauds.

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[edit | edit source]

A license may be terminated by

  1. death (of licensee or licensor)
  2. revocation
  3. alienation (if the subject property has changed ownership)