Section 3 As Distinguished From Other Concepts

• Library: Real Estate Fundamentals 2011

Easements should be distinguished from licenses, profits, and restrictive covenants, although the latter are often referred to as negative easements.

As a practical matter, a “license” into or over real estate is difficult to distinguish from an easement, while the theoretical differences are specific. An easement gives the grantee a real estate interest that, while not possessory, confers a right of use that may be enforced
at law or in equity. The grant of a perpetual easement, or an appurtenant easement, inures to the benefit of the owner of the dominant tenement (the land that is benefited by the easement) and, unless otherwise restricted, continues to the benefit of subsequent owners. Three‑O‑Three Invs., Inc. v. Moffitt, 622 S.W.2d 736, 739 (Mo. App. W.D. 1981). An easement must be created as set forth in §§9.11–9.17 below. On the other hand, a license does not create a real estate interest; it merely confers a personal privilege without a real estate interest. A license may be, and usually is, created by a mere intention, and it may be revoked at...