The hook
An easement is a limited right to use someone else's land for a specific purpose. Utility rights-of-way, driveways, drainage, conservation. They don't transfer ownership, but they limit what the landowner can do — and they survive sale of the land.
Memorize these
Concepts that show up on the exam
Easement appurtenant
Tied to a particular dominant parcel. Driveway easements, drainage easements. Transfers automatically with sale of the dominant parcel.
Easement in gross
Tied to a person/entity, not a parcel. Utility easements (a power company's right). Transfers separately from any land.
Express easement
Created in writing, typically a recorded deed. The most common and most defensible form.
Implied easement
Arises from circumstances at the time of severance — e.g., a parcel is created with no road access, an easement of necessity is implied.
Prescriptive easement
Created by long open + notorious use without permission (analogous to adverse possession but creates only a USE right).
Servient / dominant
Servient = the burdened parcel (the one across which the easement runs). Dominant = the benefited parcel (the one that uses the easement).
Termination
Easements end by: written release, abandonment + non-use + intent to abandon, merger of parcels, expiration of stated term, or destruction of dominant tenement.
Don't fall for these
What trips people up
Missing recorded easements
Easements run with the land — a recorded easement binds the new owner whether they read it or not. Always pull the title commitment AND check the recorder for separate easement documents affecting the parcel.
Confusing easement with license
A LICENSE is revocable permission to use land (e.g., letting your neighbor walk through). An easement is permanent. The distinction matters when a "neighborly arrangement" is later challenged.
Misplotting an easement
An easement description is itself a metes-and-bounds. Plot every call carefully on the survey. A 20-ft easement plotted as 25 ft creates a defect that title companies will catch.
Test yourself
How well did it stick?
A quick 5-question check on Easements. See where you stand and what to review.