Easements
a. Definition
- Easement is a property right that allows B to make a specific, limited use of some
nearby land owned by A
- Positive easement: Allow owner of the dominant land to use some facility upon the
servient land
- Negative easement: Right to receive something from the servient land
Eg. Light/water, but freehold covenants are preferable to this
b. Content Question
- 4 essential characteristics from Re Ellenborough Park
1. Must have a dominant and servient tenement
2. Easement must accommodate the dominant tenement
3. Dominant and servient tenements must be in separate ownership and
separate occupation
4. Right must be capable of forming the subject matter of a grant
Re Ellenborough Park
Development of houses surrounding a park; each house was sold together with
the right to full enjoyment of the park
Park was requisitioned during WWII, and a dispute arose as to compensation
Held that the house owner’s right to use the park was an easement, and they
were thus entitled to share the compensation
Dominant/Servient Tenement
- No easements in gross (not attached to any land)
- If lease is on dominant tenement,
Easement ends if lease ends by lapse of time or forfeiture
Easement survives if lease ends by merger/surrender [Wall v Collins]
- If lease is on servient tenement,
Easement ends if lease ends by lapse of time or forfeiture
Easement survives if lease ends by merger/surrender
bia. Easement must Accommodate the Dominant Land
- Right must benefit the land, as opposed to the individual benefit of the owner
a. Definition
- Easement is a property right that allows B to make a specific, limited use of some
nearby land owned by A
- Positive easement: Allow owner of the dominant land to use some facility upon the
servient land
- Negative easement: Right to receive something from the servient land
Eg. Light/water, but freehold covenants are preferable to this
b. Content Question
- 4 essential characteristics from Re Ellenborough Park
1. Must have a dominant and servient tenement
2. Easement must accommodate the dominant tenement
3. Dominant and servient tenements must be in separate ownership and
separate occupation
4. Right must be capable of forming the subject matter of a grant
Re Ellenborough Park
Development of houses surrounding a park; each house was sold together with
the right to full enjoyment of the park
Park was requisitioned during WWII, and a dispute arose as to compensation
Held that the house owner’s right to use the park was an easement, and they
were thus entitled to share the compensation
Dominant/Servient Tenement
- No easements in gross (not attached to any land)
- If lease is on dominant tenement,
Easement ends if lease ends by lapse of time or forfeiture
Easement survives if lease ends by merger/surrender [Wall v Collins]
- If lease is on servient tenement,
Easement ends if lease ends by lapse of time or forfeiture
Easement survives if lease ends by merger/surrender
bia. Easement must Accommodate the Dominant Land
- Right must benefit the land, as opposed to the individual benefit of the owner
