Short answer. Under Article 615 of the Civil Code, an apparent easement is one that is made known by external signs that are continually visible and reveal its use and enjoyment. A nonapparent easement is one that shows no external indication of its existence — it cannot be detected by simply looking at the property.
What the law says
Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. Nonapparent easements are those which show no external indication of their existence.
Civil Code, Article 615 — Continuous, Discontinuous, Apparent, Non-Apparent. Read the full provision →
The four classifications under Article 615
Article 615 of the Civil Code classifies easements along two separate axes. The first axis runs between continuous and discontinuous: a continuous easement is one whose use is or may be incessant without any act by a person, while a discontinuous easement depends on human acts and is used only at intervals. The second axis runs between apparent and nonapparent: whether the easement can be detected from the outside. These two axes are independent — an easement may be continuous and apparent, continuous and nonapparent, discontinuous and apparent, or discontinuous and nonapparent.
What makes an easement apparent
An easement is apparent when it is made known and continually kept in view by external signs that reveal the use and enjoyment of the easement. The classic example is a drainage pipe or channel that runs visibly across a neighbor's land — anyone who looks at the property can see that a right of passage or flow exists. A window opening onto an adjacent lot, a pathway worn into the ground, or a power line strung across the servient estate are all apparent: the external sign is there for anyone to observe.
What makes an easement nonapparent
A nonapparent easement shows no external indication of its existence. Nothing visible on the servient estate signals to an observer that any encumbrance exists. A prohibition against building beyond a certain height, a restriction on constructing within a set distance of a boundary, or an underground drainage right that leaves no surface trace — these are nonapparent. The owner of the servient estate and anyone buying it from that owner may have no way to discover the easement simply by inspecting the land. This makes the apparent or nonapparent character important whenever land changes hands.
Why the distinction matters legally
The apparent or nonapparent nature of an easement affects whether it can be acquired through prescription and whether a new owner of the burdened property can be held to it. An apparent easement gives a buyer notice — visible signs put the buyer on inquiry. A nonapparent easement, with no external signs, raises harder questions about notice and good faith. Registration can supply constructive notice for nonapparent easements, but without registration a new owner who had no actual knowledge of a nonapparent easement may resist its enforcement. When you buy land, a careful inspection addresses apparent easements; the title search addresses nonapparent ones.