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Types of Easements

An easement is a real property interest, which entitles the owner of the easement “to the privilege of a specific and limited use of the land of another.”  For instance, a right of way is a form of an easement granted by the property owner that gives another person the right to travel over and use the owner’s land.  However, the easement is not an absolute right and the easement holder can enjoy the right only as long as it is not inconsistent with the owner’s use and enjoyment of the land.

Most easements are in the nature of affirmative easements, which constitutes a requirement to do something, such as allowing another access to or across a certain piece of property.  A negative easement is a promise not to do something with a certain piece of property, such as not building a structure more than one story high.  A negative easement is sometimes referred to as an easement of light and air and most states does not permit to create such a right by implication.

Inside Types of Easements