Land use and encumbrances
Easement
A right to use someone else’s land for a specific purpose
An easement is an interest in land held by someone who does not own it — the right to cross it, run a pipe under it, or keep a view over it. Because it is an interest rather than a permission, it survives a sale of the land it burdens and generally cannot be canceled at the owner’s convenience.
Easily confused with
A license is permission, revocable at will and personal to the holder. An easement is an interest in the land, and that single difference decides almost every question in this area.
How the exam asks about it
Expect to be given a fact pattern and asked to name the type. Two parcels involved means appurtenant; a utility or a company means in gross; long unpermitted use means prescription; a landlocked parcel means necessity.
Related terms
Sitting the license exam? Find out what you actually know.
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