Property ownership glossary
An easement grants limited use without transferring possession of the land
The easement holder receives a defined right. The owner keeps the servient land and every use that does not unreasonably interfere with that right.
Last updated: August 1, 2026
Easement: definition first
Direct answer: An easement is a nonpossessory real-property interest that allows its holder to use another person's land for a specific purpose, or in some cases restricts a use of that land. The land burdened by the easement is the servient tenement. If another parcel receives the benefit, it is the dominant tenement and the easement is appurtenant. If a person or entity receives the benefit without a dominant parcel, the easement is in gross.
Why it is on the exam: The current PSI Property Ownership outline expressly includes easements, rights of way, and licenses and asks about their effect on title, value, and use. The exam can test classification, parcel roles, creation, scope, and termination in one short fact pattern.
Interest type
Nonpossessory
Burdened land
Servient tenement
Parcel benefit
Easement appurtenant
Personal or entity benefit
Easement in gross
Separate an easement from possession and permission
| Decision point | Easement | Lease or license |
|---|---|---|
| Core right | Limited use for a defined purpose | Lease: possession for a term. License: personal permission |
| Property interest | Yes, nonpossessory | Lease: possessory interest. License: generally no property interest |
| Revocability | Not ordinarily revocable at the grantor's whim | Lease follows its terms. License is generally revocable |
| Example | Recorded driveway access | Apartment lease or permission to park for one event |
Map the holder, land, purpose, and scope
Start by naming the party entitled to use the easement and the parcel carrying the burden. Then define the purpose. A right to cross a driveway does not automatically authorize storage, construction, utilities, or every route across the property.
The servient owner can generally use the easement area in ways that do not unreasonably interfere with the easement holder's rights. The holder likewise must stay within the granted or established scope. Both parties can have lawful uses of the same strip.
- Who holds the easement benefit?
- Which land is servient, and is any land dominant?
- What purpose, route, width, time, or condition defines the use?
- Does the proposed conduct interfere with the other party's rights?
Recognize the main creation routes
An express easement is created by written grant or reservation and should describe the parties, land, and scope with care. An easement by implication can arise from the circumstances of a prior common ownership and an existing use when the required elements are met. An easement by necessity can arise when a severance leaves a parcel without legally sufficient access, subject to the jurisdiction's requirements.
A prescriptive easement can result from qualifying use over the statutory period. It resembles adverse possession in its use of open, adverse, and continuous conduct, but it creates a use right rather than title to the occupied land. Permission defeats the hostility or adversity required for prescription.
Match termination to the reason the right ends
An easement can terminate by an express release, expiration of a stated term, fulfillment or ending of its purpose, merger when the required dominant and servient interests come into the same ownership, or a legally sufficient abandonment. Condemnation or other legal action can also affect the right.
Nonuse by itself is not automatically abandonment. Look for conduct showing an intent to relinquish the easement or another stated termination event. Necessity can end when the necessity that supported the easement ends, depending on the type and governing law.
Who may use the driveway strip?
Question: A recorded easement lets Parcel A's owners cross a ten-foot strip of Parcel B to reach the road. Parcel B's owner wants to landscape beside the traveled path without blocking it. Must the owner leave the entire servient parcel unused?
Best answer: No. The owner may use the servient land in ways that do not unreasonably interfere with Parcel A's defined access right.
Why: The easement grants limited use, not ownership or exclusive possession of Parcel B. The exact easement language controls the strip and scope, while compatible servient-owner use can continue.
Lock in the distinction
Exam trap
Do not call every repeated use an easement. Permission can create a license and defeat a prescriptive claim. Also do not give the easement holder possession of the servient land when the right is only nonpossessory use.
Memory cue
Easement equals use, not ownership. Name the holder, servient land, purpose, scope, and creation route before choosing an answer.
Quick questions
Does an easement transfer ownership?
No. It gives a nonpossessory use right or limited restriction. The servient owner retains title subject to that right.
What is the servient tenement?
It is the parcel burdened by the easement. A dominant tenement exists when another parcel receives an appurtenant benefit.
Can an easement be created by long use?
A prescriptive easement can arise when the jurisdiction's required adverse, open, continuous, and other elements continue for the statutory period. Permissive use ordinarily will not qualify.
Does nonuse automatically terminate an easement?
No. Nonuse alone is generally not enough for abandonment. Look for intent-revealing conduct, release, merger, expiration, ended necessity, or another valid termination fact.
Primary sources and review status
- PSI Illinois Real Estate Candidate Information Bulletin, June 24, 2026
- 765 ILCS 5, Illinois Conveyances Act
Checked through August 1, 2026. This definition is an exam-prep explanation, not a substitute for current law or advice about a live dispute. The current official source controls if the outline or Illinois rule changes.