Easements, Rights-of-Way, Encroachments, and Other Encumbrances
Classes of easement
Express easements are created by writing. Implied easements arise from prior use, necessity, or plat dedication. Prescriptive easements arise from open, notorious, continuous, hostile use for the statutory period, without permission. Easements are appurtenant (benefiting a dominant parcel) or in gross (personal to the holder). An easement by necessity requires common ownership followed by severance plus strict necessity, and it ends when necessity ends.
Scope and width
Scope is set by the creating instrument, not by the current convenience of the user. An unstated width is generally whatever is reasonably necessary for the stated purpose, and a right-of-way described by centerline may extend to the full width acquired of record. The servient owner retains all uses not inconsistent with the easement. Maintenance duties usually follow the terms, and absent terms, allocation follows use and benefit.
Termination
Easements end by release, merger, abandonment, prescription against the easement, or expiration of purpose. Nonuse alone rarely terminates an express easement.
Encroachments
An encroachment is a physical intrusion; it does not transfer title merely by existing. Remedies include injunction, removal, damages, or a boundary line agreement. A prescriptive easement can be established by long, defined use of another's land for a particular purpose, but it does not give title to the strip unless the elements of adverse possession are met.
Worked example
A deed grants a "30-foot right-of-way for ingress and egress over the north 30 feet of Lot 9." The dominant owner later wants to grade and pave 40 feet. Refuse: scope is fixed by the grant, and unilateral expansion is an overburdening. Nor may the dominant owner invite the public or unaffiliated neighbors to use it.
Traps
Permission defeats prescription. Mere convenience, not necessity, defeats an easement by necessity. A utility easement does not imply public access.