An easement is an interest in land but not a possessory interest. Meaning that the easement holder can use land owned by another for certain purposes but does not own the land.

There are two broad categories of easement, easements in gross and easements appurtenant. An easement in gross is owned by a person and does not transfer with the land. More commonly we see, easement appurtenant which pass with the title of the land. Easements usually get created in one of three different ways; by a written instrument (express, grant, reservation, exception, covenant, or recorded plat), by operation of law, or by prescription.

Things can get pretty complex when it comes to preparing effective easements or litigating your rights subject to an existing easement. The good news is that the attorneys at Orr McDonnell Law, PLLC have extensive experience with easements and easement disputes.