The Different Types of Easements
There are a few different types of easements in real estate that all have slightly different terms to them. The specific characteristics, and property rights each allows for are listed below. It is important to note though that easements can be classified as multiple different types at the same time. For example, it is likely that an easement would be classified as both private, and appurtenant.
Appurtenant vs. Gross
An easement is classified as appurtenant when it benefits the property it is attached to. They are considered to be apart of the formal ownership of the land, and are transferable between owners. For example, say Mary must drive on apart of Allen’s driveway in order to access her own driveway. Then an appurtenant easement would be put in place. Thus allowing her to the limited use of Allen’s driveway in order to access her own. Mary could not install a basketball hoop on Allen’s driveway for her kids to play with though. Her use of his driveway would solely be limited to her ability to access her own driveway.
An easement in gross does not transfer between owners of the property. This type of easement only benefits a specific individual or entity. For instance, say John grants Sarah the ability to cross over his land in order for her to easily access the lake. This easement would only apply to Sarah, and it would only apply to her as long as John owned the property.
Public vs. Private
There is a distinct and simple difference between public and private easements. A public easement allows for anyone to access the part of your property the easement applies to. This type of easement would be in place for example if a sidewalk or public road crossed your property. A private easement would allow someone such as your neighbor the right to be on your property if it was necessary. These easements are often transferable between owners, especially when they are public.
Affirmative vs. Negative
A majority of easements that have been granted allow something to happen, which are considered affirmative. There are some in existence though that restrict something from happening, which are considered negative. For example, there could be an easement in place that does not allow you to plant trees that would cover your neighbors solar panels.
