Business, Legal & Accounting Glossary
An easement is a right that the owner of an interest in one piece of land (see interest in land) enjoys over the land of another. As a matter of definition, no easement can exist where both interests are owned by the same person. A quasi-easement arises when an easement would patently exist, but for the fact that there is common ownership. Quasi-easements are important because under the rule in Wheeldon v Burrows (1879) they are capable of conversion into real easements when the benefited land is sold.
A right in the nature of an easement enjoyed over a plot of land for the benefit of another plot owned by the same person: it would be an easement if the two plots of land were owned and occupied by different persons.
You’ve probably heard of easements if you’re familiar with real estate terminology. But what exactly is a “quasi-ailment”?
An easement is a non-possessory property interest in land that permits the owner to use another’s property for his own benefit. An easement grants the easement holder some right, benefit, authority, or legitimate use of another’s estate. It enables the easement holder to use property he does not own or control. However, unless they interfere with his easement, it does not empower him to inhabit the land or keep others from it.
An easement for entry or egress, for example, grants a person a right-of-way over another’s land (typically a driveway or road) to access his own property. This means that the person holding the easement can use the road to go to his land, but he cannot prevent others from using it unless it conflicts with his use of the road.
Because easements are considered to be property interests, they are created with the same formality as other property interests. In other words, they are normally established by a grant deed filed in the county where the land is located.
A quasi-easement is an easement that is suggested by the use of land in the past or present. When the owner of an entire tract uses one part of it for the benefit of another, the tract is divided, dividing the benefitting parcel — the “quasi-dominant estate” — from the burdened parcel, the “quasi-servient estate.”
To put it another way, a quasi-easement occurs when one individual owns a tract of land and uses one part of it to benefit another. For example, if a farmer uses a road on his land constantly for years to access a back piece of the land, an easement for the use of the road will be implied in favour of the grantee if he conveys away the back portion of the land that has benefited from the use of the road.
The requirements for establishing a quasi-easement differ per state, but in general, to establish a quasi-easement, one must show that:
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This glossary post was last updated: 7th January, 2022 | 0 Views.