How is it different from a drain easement or a utility easement?
Drain easements and utility easements are “affirmative” easements. An affirmative easement is the right of one person to enter the property of another and “do something thereon”. Affirmative easements are what most of us are familiar with. For example, right-of-way easements to permit passage to a landlocked property or utility easements, that permit the power or water company to enter the property to construct and maintain electric or water lines, are common affirmative easements. A CE is a type of “negative” easement, because it limits the right to do something.
