An Easement: is the intrest in the land of another, entitling the Owner of the interest to limited use or enjoyment of the land. Easments are encumbrances that affect the physical use of the property.
An easement holder does not have a right of possession in land, differenting it from an estate of land.
The easement holder may only use the land burdened by the easement with control extended only to the enabling the necessary use.
The easment right may be “non exclusive” (others have the right of the use), or the right may be exclusive ( for the use of only said holder only.)
Typically, easements are for the purposes of access- by pedestrians, vehicles, or utility but they may include other purposes, such as light and air.
An Easement Appuurtenant: isa right in anothers land.
This type of easement runs with the land and cannot be seperated from the benefited estate. There must be at least two tracts of land, each owned by different parties:
1. Benefited estate - the land to which the easement is attached or the land which enjoys the use of the easement.
2. Burdened estate- the land on which the burden or servitude is laid.
