FS Exam Preparation

Comprehensive preparation for the Fundamentals of Surveying (FS) exam. 7 modules covering all 7 exam domains with 60 in-depth topics.

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Lesson 4

Easements

Learning Objectives

After completing this topic, you should be able to:

Define an easement and distinguish it from fee ownership
Classify easements as appurtenant or in gross
Identify the methods by which easements are created
Describe how easements are terminated
Understand the scope and extent of easement rights
Explain the surveyor's role in locating and documenting easements

Overview

An easement is a nonpossessory right to use another person's land for a specific purpose. Unlike fee ownership, an easement does not convey title or the right to exclusive possession. Easements are one of the most common property interests encountered by surveyors -- virtually every survey involves identifying, locating, or creating easements for utilities, access, drainage, or other purposes.

Key Concepts

Figure FS.3.4 — Types of Easements

Types of Easements

Figure FS.3.4b — Easement appurtenant vs in gross

Easement appurtenant:

Benefits a specific parcel of land (the dominant tenement)
Burdens another parcel (the servient tenement)
"Runs with the land" -- transfers automatically when either parcel is sold
Example: A driveway easement across Lot B (servient) that provides access to Lot A (dominant)

Easement in gross:

Benefits a person or entity, not a specific parcel of land
There is a servient tenement but no dominant tenement
May or may not be transferable, depending on the jurisdiction and the nature of the easement
Example: A utility company's easement to install power lines across private property

Creation of Easements

Figure FS.3.4c — Six easement creation methods

Easements can be created by several methods:

Method	Description
Express grant	The landowner grants an easement by a written instrument (deed)
Express reservation	The landowner reserves an easement when selling part of their land
Implication	Arises from circumstances at the time of a conveyance (prior use that was apparent, continuous, and necessary)
Necessity	Created when a parcel is landlocked and has no legal access; arises from the conveyance that created the landlocked condition
Prescription	Acquired through continuous, open, hostile use for the statutory period (similar to adverse possession)
Condemnation	Government takes an easement through eminent domain, with compensation
Dedication	Landowner dedicates land for public use (common for streets and utilities in subdivisions)

Express Easements

The most common type in modern practice. An express easement document should describe:

The location of the easement (by metes and bounds, reference to a plat, or general description)
The width or extent of the easement area
The purpose of the easement (access, utilities, drainage, etc.)
The parties (grantor/grantee or servient/dominant)
Any restrictions or conditions on use

Easement by Necessity

Figure FS.3.4d — Easement by necessity — landlocked parcel

Arises when:

A parcel is landlocked (no legal access to a public road)
The landlocking occurred due to a conveyance (the common grantor created the condition)
The easement is strictly necessary for access (not merely convenient)

Limitations:

The necessity must exist at the time of the conveyance
The easement is limited to the degree of necessity (typically basic access)
If the necessity ends (e.g., a new public road is built), the easement may terminate

Easement by Prescription

Figure FS.3.4e — Easement by prescription — open continuous use

Created through long-term, hostile use of another's property:

Open and notorious use (visible to the owner)
Continuous use for the statutory period
Hostile (without the owner's permission)
No exclusivity required (unlike adverse possession)

Preventing prescriptive easements:

Grant written permission for the use (negates the hostile element)
Post signs stating the use is permissive
Periodically obstruct the use to break continuity
File a recorded license acknowledging the permissive nature of the use

Termination of Easements

Figure FS.3.4f — Easement termination methods

Easements can be terminated by:

Method	Description
Release	The easement holder releases the right in writing
Merger	The dominant and servient tenements come into common ownership
Abandonment	The easement holder clearly demonstrates intent to abandon (mere nonuse is usually insufficient)
Expiration	If the easement was created for a specific time period
Necessity ends	For easements by necessity, when the necessity no longer exists
Condemnation	Government takes the servient estate, extinguishing the easement
Estoppel	The servient owner reasonably relies on the easement holder's conduct indicating abandonment
Adverse possession	The servient owner adversely possesses the easement area for the statutory period

Common wrong path — appurtenant easement travels separately from dominant land. An appurtenant easement is tied to the dominant tenement. When the dominant parcel is sold, the easement passes with it automatically — no separate transfer is needed, no mention in the deed is required. Students sometimes think a grantor can "hold back" the easement and grant only the dominant land, or conversely that a new owner needs a fresh easement document to use the long-standing access. Neither is correct. Appurtenant easements travel with the land on every conveyance of the dominant estate, by operation of law. The one exception: the parties can expressly terminate the easement (by release) before or at the time of transfer, but silence in the deed does not accomplish that. Similarly, conveying an easement appurtenant apart from the dominant land is generally impossible — the easement has no independent existence separate from the parcel it serves. Exam questions plant this trap by describing a transfer and asking about the easement's status; the default correct answer is "transferred with the dominant land."

Quick retrieval check — try before reading on.

▶Lot A has a recorded appurtenant access easement across Lot B to reach the public road. Owner of Lot A sells Lot A to a new buyer; the deed does not mention the easement. Does the new owner of Lot A have the right to use the access?

Yes. An appurtenant easement runs with the land — it transfers automatically with the dominant tenement regardless of whether the deed mentions it. The new owner of Lot A steps into the shoes of the prior owner and inherits the easement over Lot B as a matter of law. The same principle applies to future transfers: as long as Lot A changes hands through valid conveyances, the access easement follows. Three exceptions to watch for on the exam: (1) the parties expressly release the easement before or at the time of transfer (requires a written release, not mere silence); (2) the servient tenement (Lot B) and dominant tenement (Lot A) come into common ownership, which terminates the easement by merger; (3) the easement has been abandoned, which requires clear intent plus affirmative acts — not just nonuse. Absent one of these, the new Lot A owner keeps the access.

The Surveyor's Role with Easements

Surveyors encounter easements in several contexts:

Boundary surveys: Identifying and locating recorded easements that affect the property
ALTA surveys: Showing all easements of record and evidence of easements in use
Subdivision plats: Creating and depicting utility, drainage, and access easements
Easement surveys: Preparing legal descriptions and exhibits for easement documents
Construction surveys: Ensuring construction stays within easement limits

Exam Tips

An easement appurtenant runs with the land; an easement in gross benefits a person or entity
Know the difference: dominant tenement benefits from the easement; servient tenement is burdened
Easement by necessity requires the parcel to be landlocked due to a conveyance by a common grantor
Permission defeats prescription -- granting permission for use prevents a prescriptive easement
Merger terminates an easement when both parcels come into common ownership
Nonuse alone is generally not enough to terminate an easement; abandonment requires intent plus an affirmative act
Easements convey a right of use, not ownership -- the servient owner still owns the underlying land
The FS exam may test creation methods, termination methods, or the distinction between appurtenant and in gross
Utility easements in subdivisions are typically created by dedication on the subdivision plat

FS Exam Preparation

Module 1: Surveying Processes & Methods

Module 2: Mapping Processes & Methods

Module 3: Boundary Law & Real Property

Module 4: Surveying Principles & Geodesy

Module 5: Survey Computations

Module 6: Business Concepts

Module 7: Applied Math & Statistics