Easements

Predial Servitude

A predial servitude is a burden on the servient estate for the benefit of the dominant estate. It may be negative, disallowing an act or use, such as industrial use, or affirmative, allowing the servient estate to be used for a particular purpose, such as right of way, drainage, etc. It is similar to an easement appurtenant. A predial servitude is transferred along with the ownership of the dominant estate, and the servient estate is always taken subject to the servitude. A predial servitude cannot be transferred separately from the dominant estate.

Personal Servitude

A right of use is similar to an easement in gross and infers on the recipient the right to use the property for a specific purpose while denying him full enjoyment of the property. Examples of a right of use are the right of passage or the right of air and light. A personal servitude is a servitude granting rights in property to a particular person. Such servitudes are personal in nature and ordinarily terminate on the servient holder's death.

Easement by Necessity

An easement by necessity arises when the easement is absolutely necessary to the reasonable use of a piece of property, and the history of the two parcels involved indicates some intention to provide an easement.

Easement by Prescription

An easement by prescription is one that is gained under principles of a legal concept known as "adverse possession", under which someone other than the original property owner gains use or ownership rights to certain property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by an adjoining neighbor.

Easement appurtenant

Any time an easement benefits the use and enjoyment of a specific parcel of land, it is classified as an easement appurtenant. The burdened property is the servient estate, and the benefited estate is the dominant estate. An easement appurtenant runs with the land, meaning the use of the easement transfers to the next owner of the land automatically.

Easement in Gross

no dominant estate one parcel of land example of an easement in gross is a public utility company