Easement什么意思
"Easement" is a legal term that refers to the right to use someone else's land for a specific purpose. It is a non-possessory interest in land, allowing the easement holder certain rights to use the land for a particular purpose, while the landowner retains ownership and most of the use and enjoyment of the land.
There are several types of easements, including:
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Easement Appurtenant: This type of easement "runs with the land," meaning it is transferred automatically to the new owner when the property is sold. It is created for the benefit of the dominant tenement (the land that benefits from the easement) and is attached to the servient tenement (the land that is burdened by the easement).
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Easement in Gross: This type of easement is not associated with ownership of land but is instead a personal right to use someone else's land. It is typically used for utilities, such as the right of a power company to run power lines across someone else's property.
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Prescriptive Easement: This type of easement is acquired through continuous use of someone else's land for a statutory period without the landowner's permission. The use must be open, notorious, exclusive, and adverse to the landowner's rights.
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Easement by Necessity: This is a type of implied easement that arises when land is divided, and one parcel cannot be accessed without crossing the other. It is based on the legal principle that no one should be landlocked.
Easements are commonly used for various purposes, such as granting access to property (e.g., a driveway easement), allowing for the installation and maintenance of utilities (e.g., a utility easement), or providing rights to resources such as water or mineral rights. They can be created in several ways, including by express grant in a deed, by implication, by prescription, or by necessity.