A right of limited use or enjoyment of the land of another in a specified manner.


Potter v. Northern Natural Gas Co., 201 Kan. 528, 531 (1968) (citations omitted):

“An easement is an interest which one person has in the land of another.  A primary characteristic of an easement is that its burdens fall upon the possessor of the land from which it issued. This characteristic is expressed in the statement that the land constitutes a servient tenement and the easement a dominant tenement.

The owner of the servient tenement may make any use thereof which is consistent with or not calculated to interfere with the exercise of the easement granted.  The character and extent of the rights created by a grant of easement is determined by construction of the language of the grant and by the extent of the use made of the dominant tenement at the time of the grant.”


Logan v. McGee, 320 So. 2d 792, 792-93 (Miss. 1975):

“Generally an easement is an interest in the land in and over which it is to be enjoyed and is distinguishable from a license which merely confers a personal privilege to do some act or acts on the land. An easement may be created by grant, implication, or prescription. The easement in this case was created by prescription. The creation of an easement by implication or prescription presupposes a grant. 25 Am.Jur.2d Easements and Licenses § 3 at 419 (1966).

Flanagan v. Branton, 224 Miss. 214, 79 So.2d 823 (1955), held that a prescriptive right to an easement is equivalent to a deed conveying such right, and that proper acquisition of the right is presumed from adverse and continuous enjoyment of a right-of-way for the ten year statutory period. If an easement by prescription is equivalent to the conveyance of such right by deed, then it follows that such an easement will run with the land.  In Browder v. Graham, 204 Miss. 773, 38 So.2d 188 (1948), Browder purchased a dominant tenement and it was ruled that “the conveyance to him of the dominant tenement carried with it the appurtenant easement.” The acquisition of an easement by adverse user for the statutory time is no less efficacious than a deed (properly drawn and delivered) in investing such user with full rights to use, enjoy, own and convey such an easement.”

Related entries