An Easement is a right enjoyed by a dominant tenement over a servient tenement, for a purpose other than general use or occupation. An Easement runs with the land and binds all subsequent owners. In order for it to exist, the properties do not need to be adjoining.
While that definition might sound confusing, it’s a lot simpler than it sounds. An Easement is the right for one property owner to enter another’s without permission.
All Easements consist of the following three elements to be valid:
- Dominant Tenement (Property receiving benefit)
- Servient Tenement (Property giving the benefit)
- Full Description (Reference plan or metes & bounds)
