An easement refers to a legal right to use another person’s land for a specific purpose. It is a form of non-possessory interest that allows the holder of the easement to use property that he or she does not own or possess.
Easements often involve a portion of a property that is shared for a specific use. For example, one common type of easement is a right of way, where one property owner may use a specific path or road that runs through another person’s property. This is common in cases where a property might be landlocked and needs access to a public road.
It’s important to note that an easement does not give the holder the right to occupy the land or to exclude others from the land unless they interfere with the specific use granted by the easement.
In a tenants in common arrangement, each tenant or owner has an undivided, fractional interest in the property. Easements can be important in these situations, as they might dictate how each owner can use the entire property, or specific portions of it, and could potentially impact the value and desirability of each owner’s interest in the property.