Q&As

The tenant of a long lease proposes to grant an easement to subsist for the remainder of the term of the lease. The landlord will consent to the granting of the easement. If the lease terminates for any reason, will the landlord (having consented to it) be bound by the terms of the easement?

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Published on LexisPSL on 19/06/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • The tenant of a long lease proposes to grant an easement to subsist for the remainder of the term of the lease. The landlord will consent to the granting of the easement. If the lease terminates for any reason, will the landlord (having consented to it) be bound by the terms of the easement?

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 la

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