SCOPING THE SCOPE OF EASEMENTS
Recent developments in the law of easements may affect property owners whose land is subject to an easement or is benefited by an easement on someone else’s land. Easements come in multiple shapes and sizes, and affect almost all real property in some form or another. If the scope of an easement is not clearly defined, it may be determined by the actual use of the easement. That consequence may limit the rights of the easement holder, or conversely eliminate potential restrictions on the land that is subject to the easement. The evolving doctrine also has direct implications for the drafting of easements.