LAW 516-001 – Property II
An easement is a non-possessory property right to use or to prevent prevent another from using property.
Easements can be affirmative or negative:
An easement is not revocable by the property owner.
An easement allows use according to the "rule of reason"—what is reasonable.
There are three types of easements based on how they are created:
- Express Easement
- Easements are interests in land and thus generally subject to the statute of frauds.
- An express easement can be created by grant or reservation.
- An express easement by grant is created when the grantor executes and delivers to the grantee and instrument conveying the easement over the servient land.
- An express easement by reservation is created when the grantor executes and delivers a deed conveying the servient land to a grantee, but he retains an easement over the servient land in himself.