Easement

An easement is a certain right to use 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."

Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond. An easement is considered as a property right in itself at common law and is still treated as a type of property in most jurisdictions.

The rights of an easement holder vary substantially among jurisdictions. Historically, the common law courts would enforce only four types of easement:

  1. Right-of-way (easements of way)
  2. Easements of support (pertaining to excavations)
  3. Easements of "light and air"
  4. Rights pertaining to artificial waterways

Modern courts recognize more varieties of easements, but these original categories still form the foundation of easement law.

Read more about Easement:  Creation, Termination, Rights, Trespass Upon Easement, Torrens Title Registration

Other articles related to "easement, easements":

Solar Easement - Features
... A typical solar easement establishes certain land use conditions agreed upon by the property owners involved ... will normally contain the following elements A description of the dimensions of the easement, including vertical and horizontal angles measured in the degrees or the hours of the day, on ...
Easement - Torrens Title Registration
... Torrens title system of land ownership registration, easements and mortgages are recorded on the titles kept in the central land registry or cadastre ... Any unrecorded easement is not recognised and no easement by prescription or implication may be claimed ... However, in Australia, easements may be created by prescription or implication and enforced if an exception to indefeasibility is established, but they cannot be recorded on the title ...
Salona (Mc Lean, Virginia)
... (21.2 ha) site, and is protected in perpetuity by a 1971 easement to the Fairfax Board of Supervisors ... The Salona agreement places an additional 41 acres (17 ha) under a new conservation easement that The Northern Virginia Conservation Trust will enforce in perpetuity ... Within the new easement, 10 acres (4.0 ha) will be placed in active recreational use, with the remainder used for passive recreation, such as trails ...
Salona (Mc Lean, Virginia) - Conservation Efforts
... The conservation easement preserves one of the last sizeable open spaces in McLean ... Within the new easement, 10 acres (40,000 m2) will be placed in active recreational use with the remainder used for passive recreation such as trails (providing a critical link to the Pimmit Run Trail ... The easement will also allow for preservation and interpretation of natural and cultural resources on the property ...
Sturges V Bridgman - Judgment
... the objection to the acquisition by the Defendant of any easement ... to by action, Can user which is neither preventible nor actionable found an easement? We think not ... question, so far as regards this particular easement claimed, is the same question whether the Defendant endeavours to assert his right by Common Law or under the Prescription Act ...