Explore the legal terms and concepts related to Easements. Click on any term below to learn more about its definition and applications.
In assessing a property law issue, how may a license become irrevocable?
A license may become irrevocable: (1) by estoppel, if the licensee has substantially invested labor...
What is the difference between a license and an easement?
While an easement is an interest in land, a license is merely a privilege. A license is personal to...
How is an easement terminated via destruction or condemnation?
Involuntary destruction extinguishes easements, but voluntary destruction does not. Condemnation of...
How is an easement terminated via estoppel?
If the owner of the servient estate, to their detriment, changes their position in reasonable relian...
How is an easement terminated via stated condition?
An easement may, itself, specify how it terminates via its own terms and conditions.
When does an easement by necessity terminate?
An easement by necessity terminates once the necessity ends.
How is an easement terminated via abandonment?
An easement can be terminated when a holder has intent to permanently abandon and demonstrates by ph...
How is an easement terminated via release?
An easement owner has the power to release the servient owner, so long as the release contains all t...
How is an easement terminated via prescription?
An existing easement by prescription can be terminated by a subsequent prescription.
How is an easement terminated via unity of ownership?
If the same person acquires the easement and the servient estate, the dominant and servient estates...
How can an easement be terminated?
Easements may be terminated by U-PRANCED: 1. Unity of Ownership (merger) 2. Prescription 3. Release...
In assessing an easement, who has a duty to make repairs?
An easement holder has the duty to make repairs if they are the sole user, but if both the holder an...
If the holder of an easement misuses it, does the easement terminate?
No. Though the holder of an easement may not unreasonably overburden its servient estate, doing so d...
What is an easement by prescription and how is it acquired?
An easement by prescription is similar to adverse possession, and it is acquired by use that is: (1)...
When does an easement by necessity arise?
An easement by necessity arises when a landowner sells a portion of their parcel and, as a result, d...
When may an easement be implied without preexisting use?
An easement may be implied without preexisting use in two instances: (1) a subdivision plat, which c...
When may existing use create an implied easement?
An easement may be implied if: (1) prior to the division of a single tract, (2) an apparent and cont...
When does an easement by express reservation arise?
An easement by reservation arises when the grantor conveys title to land but reserves the right to c...
What constitutes a valid easement by express grant?
An express grant must be in writing and signed by the servient tenement holder, unless it is to last...
How is an easement created?
An easement may be created by P-RING: 1. Prescription 2. Express Reservation 3. Implication 4. Nece...
What is an easement in gross?
An easement in gross allows its holder the right to use the servient tenement independent of another...
What is an easement appurtenant?
An easement appurtenant allows its holder physical use or enjoyment of another's land, and requires...
What is a negative easement?
A negative easement entitles the holder to force the servient estate possessor to refrain from engag...
What is an easement?
An easement is a non-possessory interest in land, creating a right to use land possessed by another....
In assessing a property law issue, what is a license?
A license is a revocable privilege to go onto the land of another.
What is an affirmative easement?
An affirmative easement entitles the holder to make affirmative use of the servient estate.
What is the result of a failed attempt to create an easement?
A failed attempt to create an easement results in a license.
