The following Property Q&A provides comprehensive and up to date legal information covering:
An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title. Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient land and so giving the dominant owner the right to receive something from the servient land (eg a right to light).
An easement has four essential characteristics:
there must be a dominant and a servient tenement
the easement must accommodate the dominant tenement
the dominant and servient owners must be different persons
the easement must be capable of forming the subject matter of a
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