An easement is a legal right that allows one party to use another party’s land for a specific, limited purpose without owning it. Easements are commonly used in real estate to grant access, utilities, or other necessary uses of a property. The property that benefits from the easement is known as the dominant tenement, while the property that is burdened by the easement is known as the servient tenement. Easements can be permanent, lasting indefinitely, or temporary, lasting only for a specified period or until a particular condition is met.
The owner of the dominant tenement has the right to use the servient tenement following the easement’s terms, while the owner of the servient tenement is typically required to allow this use. However, the servient tenement owner retains ownership and can still use their property as long as it does not interfere with the easement.
Types of Easements
- Appurtenant Easement: This type of easement benefits a particular piece of land (the dominant tenement) and runs with the land, meaning it is transferred with the property if ownership changes.
- Easement in Gross: This type of easement benefits an individual or entity, rather than a piece of land, and does not necessarily transfer with the property. Utility easements are a common example.