What is true about the nature of an Easement?

An easement represents a non-possessory interest in land that allows one party to use another party's property for a specific purpose. This means that while the holder of the easement has the right to use the property in a certain manner, they do not actually own or possess the land itself. An easement commonly facilitates access or use, such as for utilities or a pathway.

This distinction is crucial because it emphasizes that the rights conferred by an easement do not extend to possession or ownership of the land itself. The purpose of the easement is to provide flexibility and access for specific functions, such as allowing someone to cross a part of the property to access their land, but without granting ownership rights.

While it is advisable to record an easement with the county clerk to provide public notice and protect the rights associated with it, doing so is not inherently what defines an easement. Thus, the focus on it being a non-possessory interest for a specific purpose accurately captures the essence of what an easement is in property law.