Easements

Front 1

reciprocal negative easement

Back 1

an easement created by operation of law and held by the owner of a lot in a residential development that entitles the holder to enforce restrictions that were part of the general development scheme against the developer and subsequent buyers who purchase free of the restrictions

Front 2

quasi easement

Back 2

the use by the owner of two adjoining parcels of land of one of the parcels to benefit the other
Note: A quasi easement may become an easement upon the transfer of one or both of the parcels.

Front 3

negative easement

Back 3

an easement that entitles the holder to prevent the owner of land from using the land for a purpose or in a way that would otherwise be permitted

Front 4

easement in gross

Back 4

an easement that is a personal right of its holder to a use of another's land and that is not dependent on ownership of a dominant estate
(called also personal easement)
(compare easement appurtenant in this entry)
Note: Utility companies often own easements in gross.

Front 5

easement by prescription

Back 5

an easement that is created by operation of law when an owner severs property into two parcels in such a way that an already existing, obvious, and continuous use of one parcel (as for access) is necessary for the reasonable enjoyment of the other parcel

Front 6

easement by estoppel

Back 6

an easement that is created when the conduct of the owner of land leads another to reasonably believe that he or she has an interest in the land so that he or she acts or does not act in reliance on that belief

Front 7

easement appurtenant

Back 7

an easement attached to and benefiting a dominant estate and burdening a servient estate
(compare easement in gross in this entry)
Note: Easements appurtenant run with the land and are therefore passed when the property is transferred.

Front 8

determinable easement

Back 8

an easement that will terminate upon the happening of a specific event or contingency

Front 9

easement

Back 9

an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the right to cross the land or have a view continue unobstructed over it)

Front 10

affirmative easement

Back 10

an easement entitling a person to do something affecting the land of another that would constitute trespass or a nuisance if not for the easement

Front 11

apparent easement

Back 11

an easement whose existence is detectable by its outward appearance (as by the presence of a water pipe)

Front 12

common easement

Back 12

an easement in which the owner of the land burdened by the easement retains the privilege of sharing the benefits of the easement
(called also nonexclusive easement)

Front 13

determinable easement

Back 13

an easement that will terminate upon the happening of a specific event or contingency