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Related Content. An easement that arises when only one parcel of land is affected and is subservient to an easement without a dominant parcel of land benefiting from the easement.
An easement is the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Summary. An easement in gross is a right allowing an individual or an entity to use someone else's land/property. An easement in gross agreement benefits the property owner as an individual, not the property. An easement holder will be unable to transfer the benefits to another party.
An easement gives the dominant owner the right or rights to cross or otherwise use someone else's land. Two of the most common easement rights are a right to light and a right of way.
What Is Encroachment By Definition? Encroachment in real estate is defined as one property owner violating their neighbor's rights by building or extending some feature and crossing onto their neighbor's property lines. Sometimes the encroachment is intentional.
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Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.
Utility company easements represent the most common types of easements in gross in the US. A utility easement makes it possible for a utility company to service part of a property or maintain equipment needed to supply utility services. Pipeline easements are also considered common easements in gross.
Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.
If your neighbor builds something that's either partially or wholly on your property without an agreement, it's considered an encroachment. In fact, illegal encroachment problems that drag on for years may legally allow your neighbor to claim an adverse possession of said property.
A prescriptive easement arises when a right is enjoyed for 20 years without interruption or consent by the servient landowner. There are specific legal requirements before the court will consider a right to be enjoyed without consent or without interruption.

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