White Paper

11 Pages
  • 11 Pages

Easements: Express, Implied and Prescriptive


Dominant estate and serviant estate each have something to gain.

An easement is an interest in land through which one individual has the right to use the land of another for a specific purpose. An easement is a liberty, privilege or advantage in land without profit, existing distinct from ownership. Thus, an easement, having been created, leaves two distinct property interests in the property: the dominant estate and the servient estate. The dominant estate enjoys the privileges the easement granted, while the servient estate permits the dominant estate to exercise those privileges. The grantor’s property, which is subject to the easement, is often referred to as the “burdened parcel”, while the property that benefits from the easement is referred to as the “benefited parcel.” Thus, the prospective purchaser of land benefited by the easement will have a very different view from that of the prospective purchaser of land burdened by the easement: the former may seek assurance that the easement remains enforceable and, moreover, suitable to their intended use of the benefited land, but that latter may seek assurance that the easement is non-invasive or unenforceable altogether. This white paper reviews express, implied and prescriptive easements.



Duane H. Wunsch

Duane H. Wunsch

Fidelity National Title Group, Inc.

  • Vice president and state counsel for Fidelity National Title Group, Inc.’s Wisconsin office
  • 30 years of experience as in-house underwriting and claims counsel
  • Frequent lecturer to both attorney and non-attorney customer groups
  • Regularly conducts training sessions for title and escrow staff
  • J.D. degree, Emory University; B.A. degree, University of Wisconsin-Madison
  • Can be contacted at 262-796-3852 or [email protected]

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