Kiritsis & Associates


What is an easement? Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, it refers to the temporary or permanent right to the land use of another for a specific limited purpose. This means that an easement, is a non-possessory right of a real property, by a non-possessor to use and/or enter the real property. Some jurisdictions have tried to merge the concept of easements with the concept of servitudes. Historically, some common law easements, often included easements of way (the right of way), easements of light and air, easements to artificial waterways, and easements of supports in regard to land excavations. Industrialization and increasingly more complicated Zoning laws, have lead many courts and legislatures to allow for more types of easements. In reality, most major easements are created through legally binding contracts (i.e. the right to use driveway that leads to a public street). As with most real property rights, it is always possible for a court to take a use it or lose it approach; this may mean that if an easement has not been exercised for a long period of time, then a court may disregard its existence clients by looking at the real estate documents for possible easements, but they should be vigilant on whether and/or how easements are exercised.


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