An easement is a right to use someone else's property for a limited purpose. Easements are generally for the benefit of the owner of adjoining land, not for a specific individual. An easement exists even after the properties are sold to different owners. A "right of way" is one type of easement.

• A positive easement allows a landowner to do something on or to someone else's property (usually adjoining property)
  
  • For example: "A" has the right to use "B's" driveway or walkway to get to his own property.

• A negative easement restricts or prevents a person from doing something to his or her own property, for the benefit of another landowner.
  
  • For example: "A" cannot build a three story building on her land because it blocks the sun from "B's" property. "A" has a negative easement in favor of "B."

• By written agreement between the landowner and the person using the property.
  
  • These agreements can be included in a deed or document similar to a deed.
• By necessity.
  
  • A landowner cannot be completely landlocked. The law will create an easement for right of way for a landowner to have access in and out of his own property. This can happen when property is subdivided and leaves some lots or parcels without street access.
• By implication.
  
  • An easement intended based on an apparent existing use.
    
    • This situation usually arises when a person subdivides property and sells one of the lots.
      
    • For example: a person builds two houses on his property with a common sewer line. He then subdivides and sells one of the houses. The right to use the common sewer line is implied.

• An easement may be created when land is used continuously for twenty years or more as if there were an easement, without protest by the landowner.