Property Rights & Ownership

Easement

A right to use another person's land for a specific purpose, such as access or utilities, without owning it.

An easement is a nonpossessory right to use someone else's land for a defined purpose. An easement appurtenant benefits an adjoining parcel and transfers with the land, creating a dominant estate (the one benefited) and a servient estate (the one burdened). An easement in gross benefits a person or company, such as a utility, rather than a neighboring parcel.

An easement by necessity can arise when a parcel would otherwise be landlocked with no legal access to a road.

On the exam

Distinguish appurtenant, which runs with the land and has a dominant and servient estate, from in gross, which benefits a person or utility.

Exam trap

An easement is a use right, not ownership. The holder cannot possess or sell the underlying land.

Tested in

Ownership & Title (8% of the exam)

From definition to recall

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This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.