What Is an Easement?

 

What Is an Easement?

An easement, or an easement agreement, is a real state concept that defines a scenario in which one party uses the property of another party, where a fee is paid to the owner of the property in return for the right of easement. Let's say for example the right of way, the right to air or right to light, the right to build, the right to the uninterrupted flow of water.  All these are known as examples of a property owner's easement rights.

Definition of the easement.

An easement" defined. -An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain another land not his own.

These are Examples of easements as follows:-

1. A as the owner of a certain house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement
2. A, as the owner of a certain house, has the right to go on his neighbour B's land, and to take water for the purposes of his household out of a spring therein. This is an easement.
3. A, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountains in the garden attached to the house. This is an easement.
4. A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on B's field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C's tank, or timber out of D's wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on E's land. 

An easement is in no way a transfer of property. It could be made, altered, or released as well and should always be in a written form, except when it has been enjoyed for a very long time without restrictions. A written document helps either party to challenge it in a court of law.