An easement is a non-possessory interest to use real property Real property and personal property are the main classifications of property in the common law. Real property refers to land and the improvements made by human efforts—buildings, machinery, the acquisition of various property rights, and the like. Real property is also termed realty, real estate, and immovable property in possession of another person for a stated purpose. An easement is considered as a property right in itself at common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different and is still treated as a type of property in most jurisdictions. In some jurisdictions, another term for easement is equitable servitude An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. In England, when a party is forbidden from certain use, the covenant is called equitable servitude. In the U.S., both negative and affirmative equitable servitudes are recognized, although easements do not have their origin in equity Equity is the name given to the set of legal principles, in jurisdictions following the English common law tradition, which supplement strict rules of law where their application would operate harshly. In civil legal systems, broad "general clause" allow judges to have similar leeway in applying the code.
Unlike a lease Leasing is a process by which a firm can obtain the use of a certain fixed assets for which it must pay a series of contractual, periodic, tax deductible payments. The lessee is the receiver of the services or the assets under the lease contract and the lessor is the owner of the assets. The relationship between the tenant and the landlord is, an easement does not give the holder a right of "possession" of the property. A license The verb license or grant license means to give permission. The noun license refers to that permission as well as to the document memorializing that permission. License may be granted by a party ("licensor") to another party ("licensee") as an element of an agreement between those parties. A shorthand definition of a license is, which is a lesser interest than an easement, only gives a holder a personal privilege to use land of another for a limited purpose. For example, a license is given when a landowner gives his neighbor a verbal permission to park a car on his driveway, or to park an automobile for a limited period. A license can be terminated much more easily than easements. A license is similar to but different from a wayleave.
An easement also differs from a license in that the benefits of most easements (appurtenant easement) flow to an adjacent parcel of land, not to a specific person (easement in gross). As such, the owner of the dominant tenement (the adjacent parcel that benefits from the easement) will continue to enjoy the easement, even if he is not the initial owner of the tenement.
The rights of an easement holder vary substantially among jurisdictions. Historically, the common law courts would enforce only four types of easement: the right-of-way (easements of way), easements of support (pertaining to excavations), easements of "light and air", and rights pertaining to artificial waterways. Furthermore, easement could only attach to an adjacent land[citation needed], not to a specific person. Such rules no longer hold in many jurisdictions.
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Snowmass Sun Online News
Speaking of getting screwed, that same infamous Town Manager who was so busy cooking up schemes to protect his town piggy bank failed to obtain an easement ...
