An easement is a legal concept that grants a non-titled party the right to access or use someone elses property for a specific purpose. It is a nonpossessory right to use and/or enter onto the real property of another without possessing it. Easements are a type of property right and type of incorporeal property in itself at common law in most jurisdictions. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example, to fish in a privately owned pond or to have access to a public beach.

There are different types of easements, including:

• Easement appurtenant: This is a property easement that is not limited to a period of time or property owner. Instead, its tied to the property itself. An easement appurtenant is often referred to as "running with the land," as it remains in place even when the owners change. Its an easement that benefits the property.

• Utility easement: This is the most common type of easement, such as when a telephone or power company runs lines through a property for which theyve been granted an easement.

• Private easement agreement: This is a deal between two parties that gives one the right to use a piece of the others property for their personal needs.

Easements can affect what you can do on your land. For example, if a previous owner granted a solar easement to a neighbor, you may not be able to build structures, plant trees, or create features that could block your neighbors sunlight. If youre in a picturesque location, a neighbor may have a scenic easement to protect their view, preventing you from making any changes or additions that could block that view.

Easements can be created in one of three ways:

• Express easement: This is the most common way an easement is created. It is when two parties agree on the easement, then create and sign a legal document outlining the specifics.

• Implied easement: This is when both parties agree to some form of common-sense usage, but its not written down.

• Easement of necessity: This happens when an individual needs to use another individuals property to gain access to their own.

Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways. Their use is defined by the intention of the parties at the time of the easements creation. If this intention is unclear, the courts will look to the easements character, purpose, and surrounding circumstances in determining its use.