What Is a Public Easement?
Alexis W.
Last Modified Date: January 17, 2023

A public easement is a special type of property ownership. When an easement exists on a piece of land, the owner of that land must permit others to use the easement for the stated purpose. If the easement is a public easement, the person who owns the land has to allow members of the public to access a defined area of his land for the reasons stated in the easement.

There are numerous forms of land ownership within the United States and within most other common law states. Most people who own land have a fee simple absolute. This is the simplest and most complete type of property ownership. A person with a fee simple absolute on a piece of land can do anything he wants with it, as long as he doesn't violate other laws.
An easement requires a property owner to allow public access to a limited portion of land for a stated purpose..
An easement requires a property owner to allow public access to a limited portion of land for a stated purpose..

An easement, on the other hand, is a much more limited type of property ownership. An easement is a non-possessory interest, which means that if a person is granted an easement, he does not own the land and cannot use it at will. When the easement is granted, it will stipulate a specific purpose that the portion of land can be used for. [link to www.mylawquestions.com (secure)]