Easement

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B".^[1] An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.

An easement is similar to real covenants and equitable servitudes.^[2] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.^[3]

Easements are helpful for providing a 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right to fish in a privately owned pond, or to have access to a public beach.

The rights of an easement holder vary substantially among jurisdictions.

^ Gray, Kevin J.; Susan Francis Gray (2009). Elements of Land Law (5th ed.). Oxford: Oxford University Press. p. 13. ISBN 9780199219728. OCLC 231883446.
^ "Integration of the Law of Easements, Real Covenants and Equitable Servitudes". Washington Law Review.
^ Hernandez, MV (2005). "Restating Implied, Prescriptive, and Statutory Easements". Real Property, Probate and Trust Journal.

[1] Gray, Kevin J.; Susan Francis Gray (2009). Elements of Land Law (5th ed.). Oxford: Oxford University Press. p. 13. ISBN 9780199219728. OCLC 231883446.

[2] "Integration of the Law of Easements, Real Covenants and Equitable Servitudes". Washington Law Review.

[3] Hernandez, MV (2005). "Restating Implied, Prescriptive, and Statutory Easements". Real Property, Probate and Trust Journal.

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Easement

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