noun
A right of use of anotherÂ’s
land for a particular purpose; for example, an easement permitting a person to
cross anotherÂ’s land to fish in a pond located there, or use of a common
driveway.Â
affirmative easement
An easement that grants another the right to perform certain
related actions on the property.
easement appurtenant
An easement that benefits another property; for example, a
right to pass across land to reach a neighboring tract.
easement by necessity
A statutory or natural encumbrance that occurs in situations
such as its being necessary to cross anotherÂ’s land in order to gain access to
water or to a road.
easement in gross
An easement that benefits an individual who does not
necessarily own any adjoining land; for example, an easement permitting someone
to hunt or fish on the property.
implied easement
n An easement imposed by law where it
is clear that the parties to a transaction intended an easement to exist, even
if not specifically stated.
negative easement
An easement that prohibits the property owner from performing
some action.
prescriptive easement
An easement gained by the uninterrupted occupation of a
another personÂ’s land for a statutory period, often equal to that required for
adverse possession.