An easement is a certain right to use the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B." It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. This seminar will discuss one of the areas in which surveyors are becoming more professionally involved. The seminar will discuss the purpose of easements, how they are created, how they are terminated and other interests in land. The instructor will show how the area of easements can possibly be a new source of expertise for the surveyor. Using actual case studies, the full impact of this specialized area will be examined as they relate to the surveyor.

1. EASEMENTS
RIGHTS OF WAY AND
ENCUMBRANCES IN
LAND
TONY NETTLEMAN
Instructor
www.cnettleman.net
charles.nettleman@gmail.com
©

2. COURSE OBJECTIVES
• Distinguish between the different types of
easements, explain their similarities and
differences, and give examples of each
• Correctly use easement terminology to
describe each element of an easement
• Explain the differences between appurtenant
and in-gross, express and implied, and
positive and negative easements

3. DEFINITIONS OF
EASEMENTS
ACCORDING TO WEBSTER……….
• An act or means of easing or relieving (as
from discomfort)
• An interest in land owned by another that
entitles its holder to a specific limited use
or enjoyment

4. AREAS OF CONCERN
TITLE/
INTEREST
(Legal)
POSSESSION
(Survey or facts)
AREA OF
CONFLICT
DESCRIPTION/
BOUNDARY
(Original Survey,
Retracement)

5. HISTORY AND
BACKGROUND
OF EASEMENTS
KUDURRU Boundary Stone,
Babylonia
Circa 1100 BC
• Description is inscribed location, bounds and area
• Transfer is documented
• Surveyor is named
• Property is monumented
• Curse is included!

6. REAL PROPERTY RIGHTS
SUBSURFACE ESTATE
•
•
•
•
Mineral rights
Gravel rights
Water rights
Oil and gas rights

7. FEE SIMPLE ABSOLUTE
• Conveys an indefeasible fee (most rights with
least limitation)
• Deed terms: "to A and his heirs” or "to A" or
"to A in fee simple”

8. LETS TALK
EASEMENT “TERMS”
• APPURTENANT vs. IN-GROSS
• EXCLUSIVE vs. NON EXCLUSIVE
• AFFIRMATIVE vs. NEGATIVE
• EXPRESS vs. IMPLIED
• SPECIFIC vs. GENERAL
• DOMINANT vs. SERVIENT

9. EXCLUSIVE
• Only the person specified in the easement
document may use the easement
• “An exclusive easement, for high voltage
power lines, to Florida Power & Light”

10. CREATION OF EASEMENT
BY RESERVATION OR
EXCEPTION
• Grantor “reserves” easement for himself or
3rd party when selling property
• Less common

11. REYES V. PEREZ
(UPDATE)
EGRESS
INGRESS

12. PROFITS
• Non-possessory interest allowing owner to
remove something from land (water, minerals,
etc.)
• Profit in-gross is freely assignable

13. TRIAL DIAGRAM

14. BEFORE (1981)
SR 535
DIRT ROADWAY
THROUGH GROVES
USED BY ENOS
AND PREDECESSOR
AREA OF FUTURE
CASEY MOUNTAIN
(GRAND CYPRESS)