The term easement frequently comes up in Rhode Island property law cases. In the most general terms, an easement is a legal term referring to a non-owner’s right to use another’s property, usually for a specific purpose. For example, a property owner who owns land that is near the beach may have an easement over another property owner’s land to gain access to a beach. This is called a beach access easement.
There are many facets of Rhode Island easement law; however, it is beneficial to first understand the two types of easements: easements appurtenant and easements in gross. An easement appurtenant is tied to a particular parcel of land and remains with the land through changes in ownership. An easement in gross, on the other hand, is assigned to a particular person, business, or entity, and cannot be sold, transferred, or given away.
An easement can come into existence in several ways. Some easements are created based on an agreement between parties, whereas others are issued by courts as a result of a Rhode Island property dispute. A few common types of Rhode Island easement definitions will be discussed below.