Easements

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An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title.

Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient land and so giving the dominant owner the right to receive something from the servient land (eg a right to light).

Nature and characteristics of an easement

The four essential characteristics of an easement are:

  1. •

    there must be a dominant and a servient tenement

  2. •

    the easement must accommodate the dominant tenement

  3. •

    the dominant and servient owners must be different persons, and

  4. •

    the easement must be capable of forming the subject matter of a grant

For further guidance on these characteristics, see Practice Note: Easements—nature and characteristics.

See also Practice Notes:

  1. •

    Easements—interpreting the use and extent

  2. •

    Easements—obligations to repair and maintain

  3. •

    Easements—can I add to the dominant land?

Registration of easements

The

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