Tuesday, July 19, 2011

Easement

  • An easement is a right granted by a proprietor of the servient land to the proprietor of the dominant land for the beneficial enjoyment of the latter's land . 
  • An easement can only arise by way of express grant and will give rise to a legal interest in the land . 
  • Generally there are 2 categories of easement . 
(i) Negative easement - requires the proprietor of the servient land to abstain from doing something which would interfere with the enjoyment of the dominant land , e.g. not to build on a specified part of his land to preserve the right of access to the dominant land . 

(ii) 'Positive easement - allows the proprietor of the dominant land to do something in , over or upon the servient land , e.g. having a right to lay soemthing in , over or upon the servient land , e.g. having a right to lay pipes over the servient land so as to convey water or gas .

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