Easement in Real Estate — Types, Examples, and Exam Tips

What Is an Easement in Real Estate?

An easement in real estate is a legal right that allows a person or entity to use another person’s property for a specific, limited purpose without owning it. This nonpossessory interest in land appears on the real estate license exam under property rights and ownership. The 4 main types — appurtenant, in gross, prescriptive, and by necessity — are tested on the salesperson exam alongside questions about creation methods, effect on property value, termination, and exam-specific scenarios. Understanding how easements work gives you a direct advantage on questions covering encumbrances and land use restrictions.

What Are the Types of Easements?

Easements in real estate fall into 4 main categories tested on the licensing exam: appurtenant, in gross, prescriptive, and by necessity. Each type determines who holds the usage right, whether it transfers when property changes hands, and how it was originally created. Investopedia and the Texas State Law Library both classify easements using these same 4 categories. The types of easements page covers each classification in detail.

What Is an Easement Appurtenant?

An easement appurtenant attaches to the land and transfers automatically when the property is sold. Two properties are always involved: the dominant tenement benefits from the easement, and the servient tenement is burdened by it.

A classic example is a landlocked property that needs driveway access across a neighbor’s lot. The dominant property owner can cross the servient property to reach the road. This right runs with the land — it stays in place even when ownership changes. What happens when the dominant property is sold? The easement transfers to the new owner along with the deed.

What Is an Easement in Gross?

An easement in gross grants usage rights to a specific person or entity rather than to the land itself. No dominant tenement exists in this arrangement — only a servient tenement carries the burden.

Two sub-types matter for the exam. Commercial easements in gross belong to utility companies running power lines, pipelines, or cables across private property — these are transferable between companies. Personal easements in gross belong to individuals and are typically non-transferable. The key difference from an appurtenant easement: the right belongs to a person or entity, not to neighboring land.

What Is a Prescriptive Easement?

A prescriptive easement is acquired through continuous, open, and hostile use of another person’s property over a legally defined period. Five elements must be present: actual use, open and notorious visibility, continuous duration, hostile intent (meaning without permission), and satisfaction of the statutory period.

The statutory period varies by state. California requires 5 years. New York requires 10 years. Other states range from 15 to 20 years. The critical distinction from adverse possession: a prescriptive easement grants only a USE right, while adverse possession transfers full ownership. The mnemonic COAH — Continuous, Open, Adverse/Hostile, statutory period — helps you remember the requirements.

What Is an Easement by Necessity?

An easement by necessity is created when a property has no legal access to a public road and must cross neighboring land to reach one. Courts grant this type when two conditions exist: the properties were once under common ownership, and access is strictly necessary — not merely convenient.

Unlike express easements, a court order creates this right. The landlocked parcel owner cannot simply claim the easement. A judge must determine that no alternative access exists. When the landlocked property later gains a public road, the easement by necessity terminates.

How Are Easements Created?

Easements in real estate are created through 4 primary methods: express grant, implication, necessity, and prescription. Each method produces a legally enforceable right to use another person’s property.

1. Express grant — A written document, deed, or contract between parties. This is the most common creation method and the strongest legal form. Example: a property owner signs a deed granting a neighbor permanent driveway access.

2. Implication — Arises from circumstances when land is divided. The prior use must have been apparent and continuous before the division. Example: a shared well that served both parcels before the original owner split the lot.

3. Necessity — Court-ordered for landlocked parcels that have no other legal access to a public road. Requires proof of common prior ownership.

4. Prescription — Acquired through prolonged unauthorized use meeting the statutory requirements of COAH. No permission or agreement is involved.

Easements are one category of encumbrances in real estate — nonpossessory interests that affect how property can be used or transferred.

How Do Easements Affect Property Value?

Easements can reduce a property’s market value by limiting how the owner uses the affected portion of land. The degree of impact depends on the type of easement and its visibility to buyers.

Utility easements typically have minimal effect. Most residential lots carry them, and buyers expect underground lines or cable routes. Access easements that cross a yard or driveway are more disruptive — these can reduce value by 1% to 10% depending on location and frequency of use.

Conservation easements create the largest impact. They can permanently restrict development rights on the land. Appraisers account for all recorded easements when determining market value through the sales comparison approach.

Does an easement appear on a title search? Yes. Recorded easements show up during the title examination. Buyers and liens in real estate both surface during this process, giving all parties notice of existing encumbrances.

Can an Easement Be Terminated?

Easements in real estate can be terminated through several legal methods, depending on how the easement was created. Six recognized termination paths exist:

1. Merger — The dominant and servient tenements come under the same ownership. One person cannot hold an easement against their own land.

2. Release — The easement holder signs a written release voluntarily giving up the right. This must be recorded to clear the title.

3. Abandonment — The easement holder clearly demonstrates intent to stop using the right. Non-use alone is not enough — intent to abandon must be provable.

4. Expiration — An easement created for a fixed period reaches its end date.

5. Necessity ends — A landlocked property gains alternative access to a public road, removing the legal basis for the easement.

6. Condemnation — The government takes the servient property through eminent domain. Just compensation is required under the Fifth Amendment.

What Happens to an Easement When Property Is Sold?

Whether an easement survives a property sale depends on the type of easement and how it was recorded. The distinction between appurtenant and in gross determines the outcome.

Appurtenant easements run with the land. They transfer to the new owner automatically at closing. Neither the buyer nor the seller can unilaterally remove an appurtenant easement — it is a permanent feature of both the dominant and servient properties.

Personal easements in gross typically do not transfer when the holder dies or the property is sold. Commercial easements in gross — held by utility companies — are transferable between entities. All recorded easements appear in the title search, putting the buyer on constructive notice before closing.

What Easement Questions Appear on the Real Estate Exam?

Easement questions appear on both the national and state portions of the real estate salesperson exam under property ownership and land use. Expect 2 to 4 questions on your real estate license exam covering definitions, classifications, and scenario-based problems.

Common exam question patterns include:

• “Which type of easement runs with the land?” — Appurtenant
• “What is required for a prescriptive easement?” — Continuous, open, hostile use for the statutory period (COAH)
• “What is the difference between dominant and servient tenement?” — Dominant benefits; servient is burdened
• “How is an easement by necessity created?” — Court order for a landlocked parcel
• “What distinguishes prescriptive easement from adverse possession?” — Easement = use right; adverse possession = ownership transfer

Here’s how to remember prescriptive easement requirements: use the mnemonic COAH — Continuous, Open, Adverse/Hostile, statutory period. This single device covers most prescriptive easement exam questions.

Practice easement questions on our free real estate practice exam to see how these concepts appear in actual test format.

How Are Easements Different from Other Encumbrances?

Easements grant a right to USE another person’s property. Liens create a financial claim against the property. Deed restrictions impose limits on how the owner can use the property based on conditions set by a prior owner.

All three are encumbrances in real estate — nonpossessory interests that affect property rights without transferring ownership. The real estate license exam tests whether you can classify each type correctly.

For a complete list of property law terms tested on the exam, visit our real estate exam terms study guide.

This information is for educational purposes. Requirements may change — always verify with your state’s Real Estate Commission.