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.