Legal Question in Administrative Law in California

What is the definition of Easements


Asked on 10/06/16, 6:31 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

According to "The Law of Easements and Licenses in Land" by Jon W. Bruce and James W, Ely, Jr., "an easement is commonly defined as a nonpossessory interest in the land of another." The authors go on to note that an easement is an interest in the land and not merely a contract right. Also, an easement holder may only use the land according to the terms of the easement; he may not occupy and possess it as does the owner. Many easements are roadway or access easements that allow someone to cross over the land of another to reach his own property, but there are a zillion other kinds and uses of easements, including those for pipelines and power lines. Easements are distinguished from estates (ownership) and from licenses, which are a lesser interest, being merely contractual rights to use another's land.

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Answered on 10/07/16, 10:37 am


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