An easement is the right of an individual or entity to use a portion of another's land for a special purpose. An easement can also be a privilege, service, or convenience that one party has to use the land of another by necessity, grant, or prescription. There are many ways to classify an easement. The following list is a description of each type of commonly used easement:

  • Easement Appurtenant - This easement is an interest in a property that has been set aside for such purposes as a road, the use of which is necessary to access an adjacent property. Once the easement is created, it passes with the property from owner to owner with the title to the property, whether it is referenced in the deed or not. This type of easement is the right to use a property for a specific purpose by virtue of ownership of the property benefiting from the easement. One property is burdened by the easement and the other property is benefited by the easement.

  • Easement in Gross - This type of easement is a personal right to use the land of another and is not created by virtue of a party's ownership interest in a parcel of land. Easements in gross must be described in a deed in order to transfer with a property. The most common examples of easements in gross are those given to utility companies to bring service to a property.

  • Public or Private Easements - Easements are classified as public or private. Public easements are those that are enjoyed by the general public. Private easements are those that are restricted to one or a few individuals.

  • Implied Easements - These easements are granted by implication from grantor to grantee absent a recorded easement.

  • Easement by Prescription - This type of easement is one that is created by an open and notorious use. This easement is created through long term use of land without the permission of the landowner.

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