Easement is the right of way or privilege in real property that allows another person the right to use another’s land for a specific purpose. The most usual easements are those granted to public utility or telephone companies to run lines on or under your private property and to neighboring houses to use a common driveway to give access to their home. A property survey will show the property lines. Some other examples of easements are:

• Right of way (this is a right to pass over another person’s land, such as a driveway)
• Right to lay pipes for water or sewage
• Right of access to light and air

The person who enjoys the easement over the other person’s property is called the "dominant owner", and that person’s land is called the "dominant tenement". The land subject to the easement is called the "servient tenement", and the owner of that land is referred to as the "servient owner".

Can easements affect property values?

Yes, depending on the type of easement.

• If there were two lots of vacant land, but one had a large utility box at the rear and the other did not, which one would you choose? Most people would choose the one without the utility box, as that utility box represents workers from that utility company will be entering your back yard.
• Let's say you are a builder and are looking to buy a few acres of land, you find two similar lots, but on has High Tension power lines running threw it, wish piece of land would you buy? I would also buy the one without the high tension power line.

Most buyers simply do not like the idea that others have a right to use the land in some way. Therefore making the value of the property with the easement less desirable, and therefore reducing it's value.

Just because an easement is not currently being used, does not mean that it will never be used. As long as an easement is part of your deed there's always a possibility that the individual who benefits from it will decide to enforce it.

Talk to an experienced real estate attorney to find out how and when an easement can be terminated.

There are three basic types of easements;

• Easement appurtenant
• Easement in gross
• Prescriptive Easement

Categories of Easements

An affirmative easement entitles the holder to do something on another individual's land, whereas a negative easement restricts an owner of the right to do something on the property.

How are Easements created?

Easements may be created in a number of ways. By using someone else's property, for example, for ingress and egress over a certain number of years, regularly and without the consent of the property owner, can give the user the right to continue using the property for the same purpose for as long as the user wishes. This method of acquiring an easement is called a "prescriptive easement" or "easement by prescription."There are several ways in which an easement can be created.

• An express easement is clearly stated in a contract, deed, or will.
• An easement by implication occurs when a larger piece of property is divided into other parcels in such a way that continuous use of one parcel is necessary for the reasonable enjoyment of the other parcels. (also called; easement by necessity, implied easement, way of necessity)

For example, A land owner decides to divide his parcel into two, and sells one piece. The parcel that was sold has a sewer pipe beneath it that serves both pieces of property. There is now an implied easement to use the sewer pipe that runs under the land.