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Where a single parcel of land is to be split into two separate parcels (with separate title numbers), can easements be created over one of the new parcels to prevent the parcel being landlocked, given that both parcels will remain in common ownership? The parcel to be subject to the easements will also be charged.
An easement is a right granted to the owner from time to time of one piece of land over another piece of land for the benefit of the former. The two pieces of land will normally need to be appurtenant to each other—in most cases this will mean that they are adjoining. Common easements are rights of way and rights of support. The leading case in respect of easements remains Re Ellenborough.
This provides that it is necessary for the creation of an easement that:
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there is a ‘dominant’ tenement and a ‘servient’ tenement (ie that there is one piece of land that has rights over another, separate piece of land)
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the easement is for the accommodation (ie
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