Deed restrictions and easements

Limited rights and private limits

An easement is a nonpossessory right to use another person's land for a specified purpose. A deed restriction limits an owner's use. These are different from a lien securing a debt.

Who benefits?

An appurtenant easement benefits a parcel, the dominant estate, and burdens another parcel, the servient estate. Its benefit generally passes with the dominant land. The servient owner keeps ownership of the land subject to the use right. An easement in gross benefits a person or entity, such as a utility company, rather than a dominant parcel. Commercial easements in gross can be transferable.

A rear parcel is the dominant estate. It benefits from a driveway easement crossing the front parcel to a public road. The front parcel is the servient estate: its owner retains title to the driveway land while bearing the rear parcel's access right. — The benefit attaches to the rear parcel; the burden rests on the front parcel.

How easements arise

An express easement is commonly created by written grant or reservation. An easement by necessity may arise when division of commonly owned land leaves a parcel without necessary access. Convenience alone is insufficient, and the necessary prior common ownership must exist. An easement based solely on necessity ends when the necessity ends.

A prescriptive easement generally requires open, notorious, continuous, adverse use under a claim of right for the required period. In New York, that period is ten years. Permissive use is not adverse. Prescription gives a use right; adverse possession concerns title. A revocable license grants permission rather than an easement interest.

A party wall serves adjoining buildings. Agreements commonly create reciprocal support rights and allocate maintenance and expenses. Alterations must respect the neighboring owner's support rights.