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.

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