EASEMENTS

Question 1

What is an easement?

Answer 1

An easement is a right in land enjoyed by one person over the land of another.

Question 2

What are the three things that need to be proven for a right to qualify as an easement?

Answer 2

• The right claimed should be capable of being an easement.
• The right should have been created as an easement/ validly acquired.
• The easement should be binding on any buyer of the servient land.

Question 3

Which case laid down the characteristics of an easement?

Answer 3

Re Ellenborough Park

Question 3

What are the characteristics of an easement from Re Ellenborough Park?

Answer 3

• There should be a dominant tenement and a servient tenement
• The dominant and the servient tenement should be owned/ occupied by different owners
• The easement should accomodate the dominant tenement
• The right claimed should form the subject matter of a grant