Business /commercial law revision kit question and answer

(i) Define an easement. (2 marks)

(ii) State and explain the characteristics of easements.

(i) An easement has been defined as a right attached to a parcel of land which allows the proprietor of the land to use the land of another in a particular manner or to restrict its use in particular extent.
The essence of an easement is that it may be positive or negative. An easement is characterized as a right in alieno solo.

(ii) Characteristics of easements

• Dominant and servient tenement: for an easement to subsist there must be adjacent parcels of land where one serves the other.

• Owned or occupied different persons: the dominant and servient tenements must be owned and occupied different persons.

• Accommodate the dominant tenement: the easement must accommodate the dominant tenement i.e. enable the tenement enjoy the right or rights in question.

• Subject matter of grant: the circumstances must be such that the easement is capable of forming the subject matter of the grant, i.e. there must be a capable grantor and grantee. The rights must be specific and must belong to a class capable of being granted.

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