Legal Dictionary
Main Entry:
ease·mentPronunciation:
'Ez-m&ntFunction:
nounEtymology: Anglo-French
esement, literally, benefit, convenience, from Old French
aisement, from
aisier to ease, assist
: an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the right to cross the land or have a view continue unobstructed over it) —see also
dominant estate and
servient estate at
ESTATE 4 —compare
LICENSE,
PROFIT 2,
RIGHT OF WAY,
SERVITUDE
affirmative easement : an easement entitling a person to do something affecting the land of another that would constitute trespass or a nuisance if not for the easement —compare
NEGATIVE EASEMENT in this entry
apparent easement : an easement whose existence is detectable by its outward appearance (as by the presence of a water pipe)
ap·pur·te·nant easement /&-'p&rt-&n-&nt-/ : EASEMENT APPURTENANT in this entry
common easement : an easement in which the owner of the land burdened by the easement retains the privilege of sharing the benefits of the easement called also
nonexclusive easement —compare
EXCLUSIVE EASEMENT in this entry
determinable easement : an easement that will terminate upon the happening of a specific event or contingency
easement appurtenant;
plural easements appurtenant : an easement attached to and benefiting a dominant estate and burdening a servient estate —compare
EASEMENT IN GROSS in this entry
NOTE: Easements appurtenant run with the land and are therefore passed when the property is transferred.
easement by estoppel : an easement that is created when the conduct of the owner of land leads another to reasonably believe that he or she has an interest in the land so that he or she acts or does not act in reliance on that belief
easement by implication : an easement that is created by operation of law when an owner severs property into two parcels in such a way that an already existing, obvious, and continuous use of one parcel (as for access) is necessary for the reasonable enjoyment of the other parcel called also
easement by necessity implied easement way of necessity
easement by prescription : an easement created by the open, notorious, uninterrupted, hostile, and adverse use of another's land for 20 years or for a period set by statute called also
prescriptive easement
easement in gross : an easement that is a personal right of its holder to a use of another's land and that is not dependent on ownership of a dominant estate called also
personal easement —compare
EASEMENT APPURTENANT in this entry
NOTE: Utility companies often own easements in gross.
exclusive easement : an easement that the holder has the right to enjoy to the exclusion of all others —compare
COMMON EASEMENT in this entry
implied easement : EASEMENT BY IMPLICATION in this entry
neg·a·tive easement : an easement that entitles the holder to prevent the owner of land from using the land for a purpose or in a way that would otherwise be permitted
nonexclusive easement : COMMON EASEMENT in this entry
per·son·al easement : EASEMENT IN GROSS in this entry
prescriptive easement : EASEMENT BY PRESCRIPTION in this entry
qua·si easement : the use by the owner of two adjoining parcels of land of one of the parcels to benefit the other
NOTE: A quasi easement may become an easement upon the transfer of one or both of the parcels.
reciprocal neg·a·tive easement : an easement created by operation of law and held by the owner of a lot in a residential development that entitles the holder to enforce restrictions that were part of the general development scheme against the developer and subsequent buyers who purchase free of the restrictions
[eez-muh
nt] 
