Legal Definitions - nonapparent easement

A nonapparent easement is a type of easement that can only be enjoyed if the party claiming it deliberately acts in some way with regard to the servient estate. Examples of nonapparent easements include a right-of-way and the right to draw water. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land.

For instance, if a property owner has an easement to draw water from a well on a neighboring property, they can only exercise that right if they take deliberate action to access the well. The easement does not give them the right to possess or sell the neighboring property.

Another example of a nonapparent easement is a right-of-way, which allows a property owner to cross over a neighboring property to access a public road. The property owner can only exercise this right if they deliberately use the right-of-way to access the road.