What is an easement and how is it created?

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An easement is an interest in land that gives the holder the right to make limited use of another's property without taking anything from it. Typical easements are common driveways, party walls, and rights-of-way. Easements can be expressly created by grant (where an owner expressly gives another party an easement across his or her property) or reservation (where an owner sells land that he or she owns but reserves an easement on the land). Easement can also be implied by implication (where an owner subdivides a piece of property with a well, path, road, or other beneficial appurtenant that serves the entire parcel) or by necessity (where "landlocked" property has an implied easement across surrounding property to enter and exit the landlocked property). Easements can also be created by prescription—that is, by adverse possession.

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