Greg MD Blog

09/04/2024

Module 3 Discussion – Easements

Discussion Topic

This week you are learning about encumbrances; encumbrances can be both public and private and are anything which infringe on property owners’ complete and full use of their property. In this discussion, you will explore a specific type of encumbrance to real property, the easement. In all likelihood, although you may not be familiar with that term, you are familiar with easements.

• Post your initial reply in response to the following:
• 1. Explain the difference between an appurtenant easement and an easement in gross and give an example of each; be sure to include explanation of servient and dominant tenements.

The explanation differentiates between an appurtenant easement and an easement in gross. An appurtenant easement is a type of easement that stays with the property regardless of who owns it. An easement in gross grants limited or special rights to someone other than the property owner.

Here is an example: Real property (A) owns the land and has access to the main road. Real property (B) owns the land behind the property (A) and has no access to the main road. The property owner will need a written agreement of an appurtenant easement in gross. This is done by granting an easement to another party. The real property owner (A) is the servient, giving gross easement to the real property owner (B), the dominant tenement.

The dominant parcel of real property (B) has an easement. If sold, the appurtenant easement will pass to the new owner. The servient parcel of real property (A) sold will remain subject to the easement.

• 2. List and explain the four (4) ways in which an easement can be created and give an example of each.

1. Express in writing: a formal written agreement between the property owner that grants an easement to another party.
2. Implication from prior use: Part of the land used for the benefit is crucial. This ensures another part’s use and is essential for the enjoyment of the parcel.
3. Implications arising from necessity: Some of the land is obstructed by neighboring properties. Securing access to a public road or entering the land is essential.
4. Prescription: The right to continuously use someone else’s property without permission. Over time, the dominant property owner gains legal rights to continue using it.

• 3. How do easements differ from licenses?

An easement provides the permanent right to use a parcel of real property. This is done through a written agreement attached to the property to gain legal use. In contrast, a license is temporary. It can be canceled anytime, giving the right to use a parcel of real property. 

Written by: Greg MD