Easements can be created by express grant, reservation, necessity, prescription, or implication. The most common types are easements appurtenant (benefiting an adjacent property) and easements in gross (benefiting a person or company, like a utility easement). An easement appurtenant involves a dominant tenement (the property that benefits) and a servient tenement (the property burdened).
A property is landlocked with no road access. The owner obtains an easement across the neighbor's property to reach the public road. The landlocked parcel is the dominant tenement and the neighbor's parcel is the servient tenement.
Know the difference between appurtenant (land benefits) and in gross (person/company benefits). The dominant tenement BENEFITS; the servient tenement is BURDENED. Mnemonic: the "Servant" serves the "Dominant." Utility easements are the most common example of easements in gross.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
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