Last of Chapter 3

Dominant Tenement

A parcel of real property that has an easement over another piece of property (the servient estate).

Easement

A right, privilege or interest limited to a specific purpose which one party has in the land of another.

Easement Appurtenant

An easement that benefits the dominant estate and “runs with the land”.  In other words, an easement appurtenant generally transfers automatically when the dominant estate is transferred.

Easement by Condemnation

An easement created by the government or government agency that has exercised its right under eminent domain.

Easement by Grant

The creation of an easement by one party expressly transferring the easement to another party.

Easement by Implication

An easement that is not created by express statements between the parties; but as a result of surrounding circumstances that dictate that an easement must have been intended by the parties.

Easement by Necessity

Parcels without access to a public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access.

Easement by Prescription

Implied easements granted after the dominant estate has used the property in a hostile, continuous, and open manner for a statutorily prescribed number of years.

Easement in Gross

An easement that benefits an individual or legal entity, rather than a dominant estate.

Servient Tenement

A parcel of real property that is encumbered by an easement of a dominant estate.

Encroachment

An unlawful intrusion onto another’s adjacent property by improvements to real property, e.g., a swimming pool built across a property line.