Servient owner definition

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Easements—can I add to the dominant land?

Easements—can I add to the dominant land? This Practice Note explains the very limited circumstances in which an easement can be used for the benefit of subsequently acquired land. For general guidance on the nature of easements, see Practice Note: Easements—nature and characteristics. See also: Easements—overview. Where an easement is expressly granted, the extent of the land benefiting from it (the dominant land) and of the land burdened by it (the servient land) must be clear at the date of grant. The benefit of an easement will not extend to any land subsequently added or tacked on to the dominant land. Where an easement is claimed by prescription or long use, the extent of the dominant and servient land must be clear from the evidence relied on to support the claim. As with expressly granted easements, the benefit of a right acquired by prescription or long use cannot be extended to other land. Whether expressly granted or acquired by prescription, a right of way granted for the benefit of a...

Acquisition of easements by long use

Acquisition of easements by long use This Practice Note looks at the acquisition of easements by prescription (long user) at common law, under the doctrine of lost modern grant, and by statute (under the Prescription Act 1832). It covers how a claim is established under each of these methods, the extent of the right acquired and additional factors to be taken into consideration when either the dominant or the servient tenement is subject to a tenancy. It also considers whether an easement acquired by long use can be protected by registration at HM Land Registry. Presumed grant An easement may be established by long use: • at common law • under the doctrine of lost modern grant (a species of common law prescription) • by statute (under the Prescription Act 1832 (PA 1832)) The doctrine of prescription is a mode of establishing an easement, not creating one. It is based on the presumption of a grant, ie that the easement has validly existed before the claim is...