Definition - What does Easement mean?

An easement is a legal property privilege, permission or right to use or enter someone else's property – without possessing it – in order to travel from point A to point B.

An easement gives a person the right to travel across another person’s land, but does not give them the right to do anything else with that person’s land. It generally arises between owners whose properties are adjacent to each other.

Easements can include a variety of rights granted by a property owner to someone else. Right of way is one of the most common examples of an easement; in such cases, a property owner with no street front is granted the right to use a specific part of a neighbor's land in order to access the road. Other common forms of easements include the right of light and air, rights concerning artificial waterways and rights concerning excavations.

Justipedia explains Easement

Historically, easements provided the right of way and rights relevant to flowing water. In the United States, an easement can be granted by one property owner to someone else in the form of a deed, will or contract, such that it complies with the statute of frauds.

Some easements are made by agreement between two parties, while other easements are automatically created in some instances. The following is an example of when an easement would be required of a person:

Person A owns land that is landlocked, except for its south entrance. Person A then sells the top half of the land to Person B. In this situation, the only way that Person B could get on and off the land is to travel through Person A’s land.

Share this:

Connect with us

Find a Lawyer