Easement

[2] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.

As defined by Evershed MR in Re Ellenborough Park [1956] Ch 131, an easement requires the existence of at least two pieces of land.

A floating easement exists when there is no fixed location, route, method, or limit to the right of way.

[4][5] For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes.

Frequently nowadays in British energy law and real property law, a wayleave is a type of easement, appurtenant to land or in gross, used by a utility that allows a linesman to enter the premises, "to install and retain their cabling or piping across private land in return for annual payments to the landowner".

[9] More generally, a wayleave agreement can be used for the infrastructure needs of any service provider, such as a telecommunications network, electricity grid or gas pipeline.

Alternatively, it may be created by reference to a subdivision plan by "dedication" or in a restrictive covenant in the agreement of an owners association.

Generally, the doctrines of contract law are central to disputes regarding express easements.

Implied easements are more complex and are determined by the courts based on the use of a property and the intention of the original parties, who can be private or public/government entities.

Implied easements are not recorded or explicitly stated until a court decides a dispute, but reflect the practices and customs of use for a property.

Courts typically refer to the intent of the parties, as well as prior use, to determine the existence of an implied easement.

For example, a local authority may have the responsibility of installing and maintaining the sewage system in an urban area.

Merely by the fact that it has that responsibility, usually enshrined in some statute or local laws, may give the authority the right, by virtue of an implied easement, to enter private property to carry out installation and maintenance.

Power and water lines may also have implied easements linked to them, but drainage and stormwater systems are commonly precisely defined in location and recorded in the title documents for private land.

grant a permanent easement of access to any descendant of a person buried in a cemetery on private property.

But, before they become binding, they hold no legal weight and are broken if the true property owner takes appropriate acts to defend their ownership rights.

[14] The period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (sometimes based on the statute of limitations on trespass).

In the state of Louisiana, a mixed legal jurisdiction with strong civil law roots, prescription can be either acquisitive or liberative, both of which involve the creation or extinguishing of rights over time.

Acquisitive prescription in Louisiana is analogous to the common law idea of adverse possession.

3446, "acquisitive prescription is a mode of acquiring ownership or other real rights by possession for a period of time.

3447, "liberative prescription is a mode of barring of actions as a result of inaction for a period of time.

This differs from peremption, which is a fixed time for the existence of a legal right and which cannot be renewed like liberative prescription.

Joe, deciding that the land is now worth the price, builds a house and connects a garage to Ray's driveway.

On the other hand, if Ray had offered access to the bridge and driveway after selling Joe the land, there may not be an easement by estoppel.

In the United States, easements may be acquired (bought) by the government using its power of eminent domain in a condemnation proceeding in the courts.

For example, utility providers are typically granted jurisdiction-wide easement to access and maintain their existing infrastructure.

In certain jurisdictions in the United States, especially California, the court has the power to grant an equitable easement based on principles of equity (fairness).

When determining whether to award an equitable easement, courts utilize the “relative hardship” test.

For example, putting up a fence across a long-used public path through private property may be a trespass and a court may order the obstacle removed.

No easement by prescription or implication may be claimed unless it was created prior to the land being brought under the Torrens system or there is an exception to indefeasibility.