An easement is a non-possessory right to use another’s land. The classification determines who holds it, whether it transfers, and how it can be extinguished.

Appurtenant easements benefit a parcel — the dominant estate — and burden another. They run with the land automatically on transfer of either parcel.

Easements in gross benefit a person or entity rather than a parcel. Utility easements are the common commercial example and are generally transferable; personal ones often are not.

Express easements are created by grant or reservation in a recorded instrument. They should state the location, dimensions, permitted uses, maintenance responsibility and cost-sharing. Most easement litigation concerns documents that state only the first of these.

Implied easements arise from prior use where a parcel is divided, or by necessity where a parcel would otherwise be landlocked. Necessity easements last only as long as the necessity.

Prescriptive easements arise from long open, notorious, continuous and adverse use, on the adverse possession model without exclusivity.

Termination. Release, merger of the two estates in one owner, expiration by terms, abandonment shown by conduct rather than non-use alone, and in narrow cases prescription against the easement holder.

Overburdening — using an easement for a more intensive purpose than granted — is the recurring dispute after development.