Abstract
Professional surveyors, title professionals, engineers, appraisers and others deal with easements almost every day – whether they are showing their locations on an ALTA/ACSM Land Title Survey, assessing their impact on a new development, accommodating them on a subdivision plat or evaluating the impact of uses by others on their client’s property. Rights of way – whether discussing the easement interests, or the physical real estate involved, present their own set of issues. In this tutorial, we will introduce the concept and definition of the easement, as contrasted to a license and a profit a prendre, which are also defined. In addition, we will explain how the term ‘right of way’ has at least three different meanings and why it is very important to discern which term is being used to avoid misunderstandings and confusion.
Pre-Requisite knowledge
The only prerequisite for this tutorial is having a keen interest in learning more about easements and rights of way.
Learning Objectives
Upon completion of this course, the participant should expect to be able to:
- Define the terms easement, license and right of way
- Explain the elements that constitute a profit a prendre and how a profit differs from a mineral lease or mineral estate
- Describe the differences between easements, licenses and profits
