Easement

Definition

A right to utilize real property owned by another. An interest in land owned by another that entitles its holder to a specific limited use.

Purpose

Easements are essential in construction and real estate because they provide legal access and use rights over another person's property. These rights are crucial for installing utilities, providing access roads, and ensuring that necessary infrastructure can be developed without owning the land outright.

Examples of Use

• Utility companies often have easements to install and maintain power lines, water pipes, or sewage systems across private properties.
• A neighbor might have an easement to use a driveway on someone else’s property to access their home.
• In construction, an easement may be needed to place scaffolding or equipment temporarily on adjacent property.

Related Terms

• Right of Way: A type of easement granting passage over another's land.
• Covenant: A formal agreement or promise in a deed to do or not do something.
• License: Temporary permission to use land without owning it or having an easement.
• Encroachment: Unauthorized use of someone else's land.
• Land Use Agreement: Contract specifying the terms of land usage between parties.

Notes

• Easements are typically documented in property deeds and recorded in public land records.
• Easements can be temporary or permanent and can be for a specific period or indefinite.
• Understanding the scope and limitations of an easement is crucial for both the property owner and the easement holder.