Easement
An easement is a nonpossessory right to use and/or enter onto 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". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
Property law |
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Part of the common law series |
Types |
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Acquisition |
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Estates in land |
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Conveyancing |
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Future use control |
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Nonpossessory interest |
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Related topics |
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Other common law areas |
Higher category: Law and Common law |
An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.
Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach.
The rights of an easement holder vary substantially among jurisdictions.