Easements Flashcards
(15 cards)
What is an easement?
A proprietary right to use land which belongs to someone else
What is the person called who receives the benefit from the easement?
Grantee
What is the grantee’s land (that is benefitted by the easement) called?
The dominant tenement
What is the person called who grants the easement land?
Grantor
What is the grantor’s land (burdened by the easement) called?
The servient land
What is a legal easement?
An easement is capable of being a legal interest in land if the duration of the right is equivalent to one of the two legal estates
What is an equitable easement?
When an easement is not granted for the duration of equivalent to a freehold or leasehold estate
Name examples of easements
- right of way
- drainage
- storage
- parking on neighbouring land
What is a quasi easement?
A potential easement - for example if landowners build paths on their own land, but these have the potential to become easements if the land was ever divided
What are public rights?
Similar to an easement, but the right of way (ex) is exercised by the general public as opposed to an individual or a particular body
What is a licence?
A licence can authorise somebody to use land in the same way as an easement, however a licence is not a proprietary right in land; it merely confers a personal right which cannot be enforced against a third party
What is a profit a prendre?
Confers the right on the holder the right to take anything (produce, minerals, fish etc) from the land
What is a restricted covenant?
The primary function is to restrict what is done on the servient land and a promise not to do something on the burdened land
What is a grant?
A grant exists where a landowner sells or leases part of their land and gives to the buyer/tenant an easement over the land which they have retained
What is a reservation?
Exists when a landowner sells or leases part of their land to a buyer/tenant, and retains a right over the land sold or leased
