Easement Terminology Type Appurtenant Created Express Gross Runs/ Recordable Assignable Who Benefits Terminates Miscellaneous Comments By its terms Dominant estate can be divided Yes Yes Dominant No No Individuals By its terms Necessity Dominant If merger, or necessity ends Use Dominant If merger, or use ends Prescriptive Implied Yes No Dominant -- Not the general public If merger, use ends, or by reverse prescription Disfavored Both parcels must be owned originally by one grantor; unlimited in scope Both parcels must be owned originally by one grantor Akin to adverse possession; may be limited in scope Also consider whether an interest/restriction is a license, “customary right,” profit, or lease “Negative easements” (re: interference with light, air, subterranean support, or flow of artificial waters) are not common and are not universally recognized (e.g. light is not recognized in the U.S., but solar might be) “Conservation easements” have flourished due to tax benefits granted – syndicated versions are regarded by the IRS as ”listed transactions” (tax scams); these are more properly regarded as covenants rather than as (negative) easements
