“Easement” is defined. -An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain another land not his own.
An easement is the right to use the real property of another without possessing it.
Dominant heritage … The land for the beneficial enjoyment of which the right exists
Servient heritage … land on which the liability is imposed
Dominant owner … owner of dominant heritage
Servient Owner … Owner of land on which liability is imposed
CHARACTERISTICS OF EASEMENT RIGHTS
- There must be dominant and a servient tenement;
- The easement must accommodate the dominant tenement.
- The right of easement must be possessed for the beneficial enjoyment of the dominant tenement
- Dominant and servient owners must be different
- The right should entitle the dominant owner to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of servient tenement and
- That something must be of certain or well defined character and be capable of forming the subject matter of
- There must be right of beneficial enjoyment of land .The right should enable the owner or the occupier of the dominant heritage to use it in a better way and enjoy it properly.