Last Modified: 2011-07-01
Easements:Limited privilege to use the land of another (most easements remain
valid with any transfer of ownership – run with the land
Distinguished from a License:
A license is a personal privilege granted by one person to use the property of another (license does not transfer with land and
may be revoked anytime).
Easements Appurtenant:Right of land owner to use adjoining land. Appurtenant easements generally run with the land (remain in effect as property transfers).
Dominant Estate:Land that carries the right (the “benefit”) to use adjoining land.
Servient Estate:Land that is subject to use (the “burden”) by
Right to use another’s land, wherever situated (no dominant estate). Personal easements in gross do not run with the land (do not transfer upon the sale of the servient estate). Commercial easements in gross do run with the land (ex. cable, telephone, or gas company easements).
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