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CHAPTER 27

Creation of Easements

    INTRODUCTION

An easement is a nonpossessory interest one person has in the property that another person possesses. It is a right to use another's land for a specific purpose. The Restatement of Property §450 (1944) offers the following definition:

An easement is an interest in land in the possession of another which (a) entitles the owner of such interest to a limited use or enjoyment of the land in which the interest exists; (b) entitles him to protection as against third persons from interference in such use or enjoyment; (c) is not subject to the will of the possessor of the land; (d) is not a normal incident of the possession of any land possessed by the owner of the interest; and (e) is capable of creation by conveyance.

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