Easement

An easement is an interest in land owned by someone else that allows a specific, limited use of it. The BLM Glossary of Surveying and Mapping Terms defines it as "An interest or right in land owned by another that entitles its holder to a specific limited use; such as laying a sewer, crossing over property or putting up power lines." The holder of an easement does not own the land. The landowner keeps title, subject to the easement.

Related terms

The same glossary defines several words that appear in easement grants:

• Access: "The right to enter and leave over the lands of another."
• Ingress, egress and regress: "These words express the right of a lessee to enter, go upon, and return from the lands in question."
• Prescription: "The manner of acquiring adverse rights in another's land," which the glossary contrasts with adverse possession: "'Prescription' refers to rights of use in land belonging to another, such as right of access, grazing rights or the right to divert flood waters."

How easements arise

Easements can be created by a written grant or reservation in a deed, by dedication, or in some cases by long use. The glossary contrasts a right of way by dedication, which "exists by the consent, either expressed or implied, of the owner of the land crossed," with a prescriptive right of way based on adverse use. Whether an easement arises by use, how long the use must last, and what must be shown are all state law and differ from state to state.

Easements on federal land

On public land an easement is one form of BLM right-of-way grant. BLM's regulations define a grant as "an authorization or instrument (e.g., easement, license, or permit)" issued under Title V of FLPMA (43 CFR 2801.5; see Right-of-Way). FLPMA also directs the Secretary of Agriculture to issue a "permanent easement" for certain water systems across National Forest System lands that were "constructed and in operation or placed into operation prior to October 21, 1976" (43 U.S.C. 1761(c)).

Easements and mining claims

The surface of an unpatented mining claim located after July 23, 1955 is subject by statute to use by the United States, its permittees, and licensees "for access to adjacent land," provided the use does not "endanger or materially interfere" with mining (30 U.S.C. 612(b)). A mining claimant who needs access across private land, by contrast, needs the landowner's grant or a right recognized under state law.

Easements in the record

Recorded easements are part of the county record. In Nevada, for example, NRS 111.315 calls for recording "every instrument of writing ... whereby any real property may be affected." An easement that arose by use may not appear in any record.

Why it matters in mineral title research

• An easement is an encumbrance on the land it crosses (see Encumbrance). It limits where a surface owner or mining claimant can build or dig.
• Access is a practical question for any mining claim or mineral tract. The record shows granted easements and BLM rights-of-way, but not every right that may exist on the ground.