Also known as: aisamentum · aisiamenta · aisamenta · easement · aisement
Written by attorneys · grounded in primary & secondary sources — see below
An easement or privilege allowing the holder to use land possessed by another.
Select any source to read its text and confirm it supports the definition.
Amelia Amari owns a landlocked parcel and obtains an affirmative easement over Arthur Abrams's adjacent lot to build and maintain a driveway. Amelia then installs the driveway and regularly drives across the lot to reach the public road. Arthur cannot block the driveway because the easement authorizes acts that would otherwise constitute trespass.
Ariana Azizi grants an easement to a utility company allowing it to bury cables across her pasture. The company enters the land, lays the lines, and maintains them without interference from Ariana. The easement creates a nonpossessory right that obligates Ariana not to disturb the authorized use.
Amber Alonzo purchases a rural tract from a seller whose deed makes no mention of any easement. An earlier deed from the same common grantor to a stranger had reserved a right-of-way across the tract, but that instrument was recorded outside Amber's chain of title. Amber takes the land free of the easement because she had no constructive notice of it.
Antonio Alvarado buys a back lot that benefits from an access easement over Abigail Alvarez's frontage lot. The easement was created to serve the back lot's use and continues to benefit its possessor. The right therefore runs with the dominant land rather than existing independently.
Astra Aerospace receives an irrevocable license to run a pipeline across Alpine Mining's property in exchange for payment. When Alpine later attempts to revoke permission, the license is treated as an easement that cannot be withdrawn. The arrangement does not create a negative easement restricting Alpine's own use of the land.
Aether Technologies seeks a coastal development permit. The agency conditions approval on the company recording a public walkway easement across its beachfront parcel. The condition effects a taking because it lacks an essential nexus to impacts caused by the proposed project.
No. The term encompasses any easement or privilege, including those treated as irrevocable licenses under modern doctrine.
Supporting sources
An aisiamentum creates a nonpossessory right to enter and use land. A restrictive covenant instead limits the servient owner's permissible uses and is treated separately from easements.
An aisiamentum is appurtenant when created to benefit and does benefit the possessor of a particular parcel in the use of that land.
No. A purchaser is charged with notice only of instruments appearing in the chain of title through which the purchaser claims.
…Teleprompter Manhattan CATV Corp. , 458 U. S., at 426 though we assuredly would permit the government to assert a permanent easement that was a pre-existing limitation upon the landowner's title. Compare Scranton v. Wheeler , 179 U. S. 141, 163 (1900) (interests of "riparian owner in the submerged lands . . .…