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Easement

An easement is the right to use another’s real property without owning it. The term Easement commonly refers to pathways across one property to another, and can also refer to rights to use a property, such as the right to park in an area. Easements may grant or deny rights, and may benefit or burden a property.

In the context of ALTA Land Title Surveys, there are several important types of easements:

  • Appurtenant Easement: A benefitting easement that grants use over another property is an Appurtenant Easement.
  • Exclusive Access Easement, Easement of Necessity, or Right of Way Easement:  An easement to provide access to an otherwise landlocked property having no roadway frontage.
  • Reciprocal Easement Agreements: Reciprocal Easement Agreements provide two or more properties the same rights to use or access each other’s property or a portion thereof, such as a parking lot. Thus, the agreement both benefits and burdens the property.

All easements are required to be identified in the ALTA Survey and would typically be noted in the Schedule A of a title commitment.

 

Glossary 
Land Survey and Zoning Terminology