An easement is right benefitting a piece of land (known as the dominant land) that is enjoyed over another piece of land owned by someone else (known as the servient land). An easement can take many forms such as a right of way, right of light or right of support.
How would I recognise an easement?
Every easement is linked to two pieces of land. The dominant and servient land must be identifiable and if it is not identifiable then there is no easement.
An easement must be linked to and benefit the dominant land in some way.
The owners of the servient and dominant land must be different.
The right must be capable of forming the subject matter of a grant.
How are easements created?
Easements are created by:
Can an easement be interfered with?
It is possible to claim an injunction or damages for interference with an easement. If you are claiming interference then you must show the following:
That you are the party entitled to the benefit of an easement;
What is the nature, extent, scope of the easement
That the interference with the easement is substantial. A trivial impact on an easement will not give rise to a cause of action.
How can an easement be terminated?
An easement can be terminated:
expressly by a deed of release
implied release by abandonment and or alteration or excessive use.