An easement is an irrevocable right to use some part of another person's real property for a particular use.

It is fairly common for property to be affected by easements, and when property is sold, the easements are usually included and transfer to the new owner unless there is limiting language in the easement. But how are easements originally created? There are several different methods of creation, including: express grant, express reservation, necessity, dedication, condemnation, prescription, or recorded plat.

Some of the most common types of easements are driveway easements, lake access easements, and utility easements, such as telephone, sewer, and electric power lines. Typically a title examination or a title insurance report will list all recorded easements, but usually won't list any unrecorded easements.

Easement by Prescription (Prescriptive Easement): A n easement created by continuous use. Prescription is similar to adverse possession, but it merely leads to an easement, not to transfer of title. An easement by prescription is established by using the property as if an easement already existed. As with adverse possession, the use must be actual, open, notorious, hostile and continuous for 15 years.

Easement Appurtenant: A n appurtenant easement burdens one piece of land for the benefit of another piece of land. The most common example of an easement appurtenant is a right-of-way easement providing access across a parcel of land to another parcel. An appurtenant easement "runs with the land." This means that if the land is transferred (sold, inherited, or given away), the easement is also transferred, even if the easement is not mentioned in the deed. An appurtenant easement cannot be sold separately from the property. Whoever owns the dominant property also owns the easement.

Easement in Gross: A n easement in gross belongs to an individual or a commercial entity. It does not run with the land. There is no dominant tenement involved in an easement in gross. There is only a servient tenement burdened by the easement. A personal easement in gross cannot be sold or assigned. However, most easements in gross are commercial rather than personal The Courts have held that, unlike personal easements in gross, commercial easements in gross are freely assignable and transferable. However how courts treat this in the future is always subject to change.

Easement by Necessity: A n easement that is essential to the use of a property. For an easement to be created by necessity the easement must be reasonably necessary for the enjoyment of the property, and there must have been a common grantor of the dominant and servient tenements. Court's may grant easements by necessity to land locked real property under certain conditions.

Easement in Public Land : Prescriptive easements cannot be acquired in public land, generally.

Termination of Easements: Easements may be terminated by any of the following conditions:

• Stated Conditions - may specify when or under what conditions
  
  
• Unity of Ownership (Merger). If same person acquires ownership of both the dominant and servient estates they merge and the easement is destroyed.
  
  
• Release. Easement can be terminated by a deed of release from the owner of the easement to the owner of the servient tenement.
  
  
• Abandonment. Extinguished when the holder demonstrates by physical action (e.g. building a structure that blocks access to easement on adjoining lot) an intent to permanently abandon.
  
  
• Estoppel. Oral expression to abandon do not terminate an easement unless in writing or accompanied by action (abandonment). But if owner of the servient estate changes their position in reasonable reliance, the easement terminates through estoppel.
  
  
• Prescription. To terminate, must be an adverse, continuous interruption of the use for the prescription period..
  
  
• Necessity. Expire as soon as necessity ends.
  
  
• Condemnation and Destruction. Condemnation of the servient estate extinguishes all easements. Courts are split on compensation.

** The above information is meant to be informative only. Please consult with an attorney for legal advice.