The right of an owner of a parcel of real property to make lawful and beneficial use of a parcel of real property belonging to another. The right may be created by an express or implied agreement. The “used” property is referred to as the servient estate, in contrast to the dominant estate. Among other types, easements may be (1) of necessity, as when the owner of landlocked property needs to cross another’s property to access his or her own; (2) negative, as when the servient estate owner is restricted from doing certain acts; or (3) public, as when the beneficial use is enjoyed not by a dominant estate owner, but rather, by everyone.
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