Define: Reserved Easement

A reserved easement grants an individual the privilege to utilise another person’s property for a specific purpose, such as accessing a road. The land that benefits from the easement is referred to as the dominant estate, while the land burdened by the easement is known as the servient estate. Unlike land ownership, possessing an easement does not entitle one to possess, extract from, enhance, or sell the land. Various types of easements exist, such as a right-of-way or a right to water. Although an easement can be perpetual, it does not confer unrestricted authority to the holder over the land.

A reserved easement refers to a land interest held by someone else, which grants them the right to use or control the land, or a portion of it, for a specific purpose. The land that benefits from the easement is known as the dominant estate, while the land that is burdened by the easement is called the servient estate. Unlike a lease or licence, an easement can be permanent, but it does not grant the holder the right to possess, take from, improve, or sell the land. The main types of recognized easements include the right-of-way, the right of entry for purposes related to the dominant estate, the right to land and building support, the right to light and air, the right to water, the right to perform an act that would otherwise be considered a nuisance, and the right to place or keep something on the servient estate. For instance, if a landowner grants an easement to a utility company to install power lines on their property, the landowner still owns the land but allows the utility company to use it for a specific purpose.

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This glossary post was last updated: 17th April 2024.