Topic 9 - Easements

Question 1

What is an easement

Answer 1

A privilege which the owner of one tenement has over another tenement which exists to accommodate the dominant tenement

Question 2

Describe the 4 element to establish a valid easement

Answer 2

1. There must be a dominant and servient tenement
2. The easement must accommodate the dominant tenement
3. The dominant and servient tenement must not be owned and possessed by the same person
4. The easement right must be capable of forming the subject matter of a grant