1. An easement is a nonpossessory interest in land differing from an estate in which the holder can possess and occupy the entire land. An easement holder may use the land within the scope of the easement only.
2. Easements are irrevocable as opposed to licenses which permit a licensee to use the land, but may be revoked at any time. While similar in nature and in drafting easements distinguish from licenses through nature of creation, duration of use, amount of consideration, and reservation of the power to revoke.
3. Leases grant the lessee a possessory interest in another’s land for a period of time.
4. Easements create both dominant estates, which retain the right to use, and servient estates, which are subject to the use. Dominant estates need not abut servient estates such as in the case of access easements.
5. Affirmative easements provide the dominant estate the right to utilize the land for the purpose of the easement, preventing what would otherwise be trespass. Negative easements provide the dominant estate the right to prohibit use of the servient estate, such as a light and air easement. Negative easements cannot be acquired by prescription.”
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Matthew J. Carl, Esq. is a Partner in the office of Blumling & Gusky, LLP. His practice emphasizes all aspects of real estate development and title, including mineral interests.
Agenda
Faculty
Matthew J. Carl, Esq.
Blumling & Gusky, LLP
- Partner in the office of Blumling & Gusky, LLP
- Practice emphasizes all aspects of real estate development and title, including mineral interests
- Conducts regular seminars and workshops on numerous real estate and mineral rights
- University of Pittsburgh School of Law; University of Virginia
- Can be contacted at 412-227-2500 or [email protected]
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