Characteristics of easements

Discuss the essential characteristics of an easement

Characteristics of easements

• Can be created by grant or statute.
• Cannot be revoked at the will of grantor if created by statute.
• They confer a right on another’s land.
• There must be a dominant and servient tenement.
• The easement must accommodate the dominant tenement.
• The dominant and servient tenements must be owned or occupied by different persons.
• The easement must be capable of forming the subject matter of the grant e.g. there must be a capable grantor or grantee.
• The right must be for the beneficial enjoyment of the dominant tenement owner.
• The transferee of the servient tenement (buyer) takes that tenement is subject to easementary rights.