Legal Definitions - nonapparent easement

A nonapparent easement is a legal right allowing one property owner to use a specific part of a neighboring property, where the existence of this right is not physically obvious or visible upon a casual inspection of the land. Unlike easements that are clearly marked by a visible path, a utility pole, or a drainage ditch, a nonapparent easement leaves no physical trace on the surface of the property.

This type of easement is often referred to as a discontinuous easement because its use is not constant or continuous. Instead, it requires an action or intervention by the person holding the right to be exercised. The lack of continuous use and visible signs makes its presence "nonapparent" to an observer.

• Example 1: A Right-of-Way Across an Open Field

  Imagine Property A has a legal easement to cross a specific section of Property B to reach a public road. However, there is no paved driveway, gravel path, or even a worn dirt track indicating this right. The area where the easement exists is simply an open, grassy field that looks indistinguishable from the rest of Property B. The owner of Property A only uses this right occasionally, perhaps once a week, to drive a tractor to their back acreage.

  This is a nonapparent easement because there are no visible physical signs on Property B that indicate the existence of a right-of-way. Its use is discontinuous because the owner of Property A only exercises the right intermittently, requiring an active decision to cross the field, rather than it being a constant, visible feature.

• Example 2: Right to Draw Water from a Hidden Well

  Consider a situation where a homeowner (Property X) has an easement allowing them to draw water from a private well located entirely within their neighbor's fenced backyard (Property Y). The wellhead is cleverly concealed by a large decorative rock and is not visible from Property X or any public vantage point. The owner of Property X only uses this well occasionally, perhaps during dry spells, to water a specific flower garden.

  This easement is nonapparent because the well's existence and the right to use it are not physically evident from looking at either property. The well is hidden, and the act of drawing water is discontinuous; it only occurs when the owner of Property X chooses to exercise their right, rather than being a constant activity.

• Example 3: Access to an Underground Service Line for Maintenance

  A small office building (Building C) has an easement to access and maintain a specific underground data cable that runs beneath a portion of an adjacent vacant lot (Lot D). The cable is buried deep, and there are no surface markers, utility boxes, or visible trenches on Lot D indicating its presence or Building C's right to access it. Building C only needs to access this line for rare maintenance or repairs, perhaps once every few years, which involves digging up a specific spot.

  This is a nonapparent easement because the data cable and the right to access it are completely hidden underground, leaving no visible trace on Lot D. Its use is discontinuous because Building C only exercises this right intermittently, when maintenance or repairs are necessary, rather than continuously or visibly.