Easements can be granted when, for instance, one party’s parcel of land is landlocked, and to enter and exit the landlocked parcel, the landlocked owner must cross through another property.
This type of easement can be an express easement in that Joe gives express permission to Bob to cross through his property to enter onto his own.
For instance, if Bob has historically crossed through Joe’s land to enter his own, Bob could claim that the easement is implied from prior existing use. [2] There is also an easement by necessity. Suppose Bob’s only access to his landlocked property was by way of Tom's property because Bob’s property sat on a mountain with no other means to enter the property but by passing across Tom’s property. This type of easement would be an easement by necessity. [3]
Other ways to terminate an easement would be by prescription and by Misuse. [5] Termination by prescription is when the servient tenement takes action to inhibit the dominant tenant's use of the easement. An example of this would be building an addition to the house over the easement, which blocks the dominant tenement access. [6]
Because the house addition would substantially block the easement and since this would be a long-term blockage, the easement is terminated by prescription. Amongst other means, the easement could also be terminated if the servient and dominant tenements were joined. Then, to transfer an easement, the easement could be appurtenant to the land, meaning that it runs with the land. Because of this, if the title to the land changes, the easement continues to exist. [7] In addition, easements in gross, such as easements for utility poles, are transferable and they too run with the land.
References
[1] John G. Sprankling, Understanding Property Law 509 (2000).
[2] Id. at 513.[3] Id. at 517.
[4] Id. at 533. [5] Id. at 532. [6] Id. at 536. [7] Id. at 530.
