Easement
Definition
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
Example
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.
Exam Tip
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 Land Use Terms
Zoning
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.
Variance
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.
Conditional Use Permit
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.
Nonconforming Use (Grandfathered)
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
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.
Certificate of Occupancy
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
Frequently Asked Questions
Test Your Land Use Knowledge
Practice with exam-style questions to make sure you can apply Easement and other land use concepts.