An easement is an interest in land that is owned by another person and gives the easement holder or easement owner the right to use or control the other person’s land in some limited way—such as the right to drive across another person’s private property to access a public highway or other public road (an ingress-and-egress easement).
There are many different types of easements, depending on the nature of the use of the land—such light-and-air easements; mineral easements; timber easements; noise easements; and railroad easements—and how the easement was acquired—an express easement; an implied easement; a prescriptive easement; an easement by necessity; or an easement by estoppel, for example.
There are also negative easements that prohibit the owner of a property (the servient-estate) from doing something, such as building a home or structure that blocks the view or sunlight for an easement holder—often an adjoining property owner (the dominant estate).
Public utility companies (gas, electricity, telephone, water, sewer, cable, etc.) often have easements to place utility transmission, distribution, or power lines on private property and access them for installation, repair, and maintenance.
Laws regarding easements vary from state to state and may be located in a state’s court opinions (also known as its common law or case law) or in its statutes.
In Pennsylvania (PA), an easement is a non-possessory right to use or control land owned by someone else for a specific purpose. Easements can be created in various ways, including expressly through a written agreement, impliedly by longstanding use, by necessity when landlocked, or by prescription after continuous and open use for a statutory period. Types of easements include ingress and egress, light and air, mineral rights, timber, and noise, among others. Negative easements restrict certain actions by the property owner, such as obstructing a view or sunlight. Utility companies often hold easements for installing and maintaining infrastructure. PA easement laws are derived from both statutory law and common law, with the latter developed through court decisions. It's important for easement holders and property owners to understand their rights and obligations under PA law, and disputes over easements may be resolved in court if necessary.