An easement is the right to do something or the right
to prevent someone else from doing something over the real
property of another. At common law, an easement came to be
treated as a property right in itself and is still treated
as a kind of property by most jurisdictions. In some jurisdictions,
another term for easement is equitable servitude, although
easements do not have their origin in equity.
The right is often described as the right to use the land
of another for a special purpose. Unlike a lease, an easement
does not give the holder a right of "possession"
of the property, only a right of use. It is distinguished
from a licence that only gives one a personal privilege to
do something even more limited on the land of another. An
example of a license is the right to park a car in a parking
lot with the consent of the parking lot owner. Licences in
general can be terminated by the property owner much more
easily than easements. This is similar to but not the same
as a wayleave. Easements also differ from licences in that
most easements ("easements appurtenant") are attached
to and benefit another parcel of land, not a specific person.
This means that a property that enjoys an easement over another
will continue to enjoy the easement even if the property gets
transferred to a different owner. Other easements ("easements
in gross") benefit a specific person.
Easement concepts differ substantially from country to country,
and in the U.S. from state to state. Historically, it was
limited to the right-of-way and rights over flowing waters,
although this is no longer true. Traditionally, it was a right
that could only attach to an adjacent land and was for the
benefit of all, not a specific person; this is also no longer
true in many jurisdictions.