LAW 516-001 – Property II

Easement


An easement is a non-possessory property right to use or to prevent prevent another from using property.

Easements can be affirmative or negative:

  1. Affirmative Easement

    Affirmative easements confer upon the holder the right to make some limited affirmative use of land possessed by another, such as crossing over it to gain access to an adjacent tract of land.

  2. Negative Easement

    Negative easements limit another's use of his land, such as from obstructing light, air, or view, from blocking an artificial stream, or from removing a building's support.

    Five types of negative easements are tolerated:

    1. Flow of light or air
    2. Support of a building
    3. Flow of an artificial stream
    4. Views
    5. Conservative
      • Prevents all use forever

    A negative easement can go in perpetuity unless it's transformed into a restrictive covenant.

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: