Real property law covers various concepts that affect our rights and responsibilities regarding land ownership and use. Among these, easements and testamentary succession play crucial roles in determining how property can be utilized and transferred. In this post, we will look at what easements are, how they differ from leases and licenses, the roles of dominant and servient tenements, and the details of acquiring property through testamentary succession, including wills, codicils, and the responsibilities of legatees.

What is an Easement?

An easement is a legal right that allows one party to use a portion of another party's property for a specific purpose. This right is usually granted through a formal agreement and is recorded in property records, ensuring that all relevant parties are aware of the easement. Here's an overview of the main types of easements:

• Appurtenant Easements: These easements are tied to a specific piece of land (the dominant tenement) and benefit the owner of that land. For instance, in a suburban neighborhood, a property owner might need to cross a neighbor's land to reach a public road, creating an easement to ensure access.

  
  

• In Gross Easements: Unlike appurtenant easements, these easements do not benefit a specific piece of land but rather an individual or entity. A typical example is a utility company that has an easement to lay down power lines across several private properties to serve multiple customers.

  
  

Easements can be established through express agreements, implied use, or necessity. They can also be terminated under certain conditions, such as when the easement is no longer needed or if the dominant tenement is sold.

Distinction Between Lease and License