easement

Definition

Interest, permission, privilege, or right which one property owner has in (or through) the property of the other (usually that of a neighbor), for a specific, limited purpose. It may include the right to (1) use the other person's property via right of way, right to take water, right of light and air, right to construct a pipeline under the land, or the right to stretch a power line over the land, (2) take something from it (called positive easement), or (3) prevent its owner from using his or her property in a particular way (called negative easement). Easement may be created by continuous use of the right for a certain number of years (commonly 20) without objection from the property's owner, or on acquiring an adjoining piece of land.


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