Easements for Land Surveyors

Easement

A non-possessory interest in another's land for a special purpose. A liberty, privilege, or advantage without profit which the owner of one parcel may have in the lands of another.

Dominant Estate (Dominant Tenement)

The land benefited by an easement. The parcel for whose benefit the easement exists.

Servient Estate (Servient Tenement)

The land burdened or encumbered by an easement. The parcel over which the easement runs.

Appurtenant Easement

An easement that benefits other land owned by the holder; it 'runs with the land' and transfers automatically when the dominant estate is conveyed.

Easement in Gross

An easement that does not benefit any other land; it exists independently of a dominant tenement. Examples: utility easements, major highways.

Affirmative Easement

An easement that allows the holder to do certain acts on another's land, such as crossing or installing utilities.

Negative Easement

An easement that prevents the owner from doing certain acts on their own land, such as blocking views or light.

Express Grant

An easement created by a written instrument (deed or similar document) specifically conveying the easement rights.

Reservation

Creation of an easement when a grantor conveys property but reserves certain rights (like access) for themselves.

Exception (in deeds)

A clause in a deed withdrawing part of the property from the conveyance; the grantor retains that portion.

Easement by Implication

An easement created when circumstances suggest the parties intended an easement, though none was expressly stated. Three types: prior use, necessity, and subdivision plat.

Easement by Necessity

An implied easement that arises when land is landlocked at the time of severance from common ownership. Requires unity of title, severance, and necessity.

Unity of Title

The requirement that both dominant and servient estates were once under common ownership; essential for easements by necessity and implication.

Prescriptive Easement

An easement acquired through long-continued adverse use of another's land meeting specific legal requirements: adverse, open, notorious, continuous, exclusive, under claim of right, for the statutory period.

Prescriptive Period (California)

Five years. The time required for adverse use to ripen into a prescriptive easement under California Code of Civil Procedure § 318.

Dedication

The devotion of land to public use by an unequivocal act of the owner manifesting intent that it be accepted and used for public purposes.

Express Dedication

A dedication where the owner's intent is explicitly manifested by deed, written declaration, or recorded plat.

Implied Dedication

A dedication inferred from the owner's conduct or long public use with the owner's knowledge and acquiescence.

Eminent Domain

The power of government to take private property for public use upon payment of just compensation. Generally creates an easement unless statute provides otherwise.

Easement by Estoppel

An easement created when one party's conduct leads another to rely on the existence of an easement, and the relying party changes position to their detriment.

Easement by Custom

A right acquired through long-established local practice creating property rights; must be ancient, continuous, undisputed, reasonable, and clearly bounded.

Merger of Title

Termination of an easement when one entity acquires both the dominant and servient estates; the easement merges into the fee.

Abandonment (of easement)

Termination through clear, decisive acts indicating intent to abandon. Note: Nonuse alone does NOT constitute abandonment.

Release (of easement)

Written release from the easement holder to the servient owner, terminating the easement by agreement of both parties.

Cessation of Necessity

Termination of an easement by necessity when the necessity ceases (alternative access becomes available). Does NOT apply to express easements.

Frustration of Purpose

Termination when the purpose for which an easement was created becomes totally and permanently impossible.

Overburden

Excessive use of an easement that may result in its restriction or termination. Change in dominant estate that unreasonably increases burden on servient estate.

Right of Way

An easement for passage over another's land. May be public (highways) or private (driveways). The most common type of easement.

Utility Easement

An easement for installation and maintenance of utilities such as electric, gas, water, sewer, or communications lines.

Flowage Easement

The right to flood water on another's land, often for mill privileges, hydroelectric power, flood control, or irrigation.

Conservation Easement

A voluntary agreement between a landowner and a land trust or government entity that permanently limits uses of land to protect ecological, historic, or scenic resources.

Solar Access Easement

An easement protecting a landowner's access to sunlight across neighboring property for solar energy collection.

Avigation Easement

A three-dimensional easement for aircraft flight paths, typically near airports, defining the airspace that must remain unobstructed.

View Easement

An easement that protects a scenic view by preventing the servient estate owner from blocking the dominant owner's view.

Slope Easement

An easement allowing construction and maintenance of slopes to accommodate elevation differences, often for highway construction.

Floating Easement (Blanket Easement)

An easement without a fixed location, route, or limit; it burdens the entire servient estate. Creates problems for development and title.

Surveyor Sufficiency Test

The standard that an easement description must be sufficient that a competent land surveyor can go upon the land, locate it, and mark its boundaries.

Patently Ambiguous Description

A description that is unclear on its face and cannot be cured by extrinsic evidence; renders the easement void.

Latently Ambiguous Description

A description that appears clear but creates uncertainty when applied to the ground; may be cured by extrinsic evidence.

Centerline Presumption

The presumption that a deed to land abutting a road conveys fee ownership to the centerline, subject to the public's easement rights.

Paper Street

A street shown on a recorded subdivision plat that has never been constructed. Same legal status as constructed streets for easement purposes.

Profit à Prendre

The right to take something from another's land (timber, minerals, fish, game). Distinguished from an easement by participation in the profits of the soil.

License (in property law)

A revocable permission to enter or use another's land. Unlike an easement, it is personal, temporary, and revocable at any time.

Servitude

The civil law term equivalent to 'easement' in common law; the two terms are often used interchangeably.

Reversion (of easement)

The return of rights to the underlying fee owner when an easement terminates. Happens automatically without deed or conveyance.

Quasi-Easement

A use by an owner of one part of their land for the benefit of another part; may become an implied easement upon severance.

Tacking (prescription)

Combining successive owners' periods of adverse use to meet the statutory prescriptive period.

Continuous Easement

An easement whose enjoyment may be continuous without human interference, such as a drain or support.

Discontinuous Easement

An easement that requires human action to enjoy, such as a right of way that must be actively traveled.

Apparent Easement

An easement that is visible or discoverable upon reasonable inspection by persons conversant with the subject. Underground utilities with visible fixtures may be 'apparent.'

California Civil Code § 801

Lists 17 types of recognized servitudes (easements) in California, including right of way, water rights, party walls, and many others.

California CCP § 318

Establishes the five-year prescriptive period for easements in California.

ALTA/NSPS Survey Standards (Easements)

Require showing all easements disclosed in title commitment, locating visible evidence of easements, and noting apparent encroachments.