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".^[1] An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.

An easement is similar to real covenants and equitable servitudes.^[2] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.^[3]

Easements are helpful for providing access across two^{[further explanation needed]} 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.

^ Gray, Kevin J.; Susan Francis Gray (2009). Elements of Land Law (5th ed.). Oxford: Oxford University Press. p. 13. ISBN 9780199219728. OCLC 231883446.
^ "Integration of the Law of Easements, Real Covenants and Equitable Servitudes". Washington Law Review.
^ Hernandez, MV (2005). "Restating Implied, Prescriptive, and Statutory Easements". Real Property, Probate and Trust Journal.

[1] Gray, Kevin J.; Susan Francis Gray (2009). Elements of Land Law (5th ed.). Oxford: Oxford University Press. p. 13. ISBN 9780199219728. OCLC 231883446.

[2] "Integration of the Law of Easements, Real Covenants and Equitable Servitudes". Washington Law Review.

[3] Hernandez, MV (2005). "Restating Implied, Prescriptive, and Statutory Easements". Real Property, Probate and Trust Journal.

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Easement

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