Land law Flashcards
(8 cards)
What is an easement?
A legal right which allows one landowner to use another landowner’s property for a specific purpose
In other words, an easement…
Grants a right to access or use of another’s property
What are examples of an easement?
- Right of way
- Utility easement
- Right to light
What is a right of way (easement)?
A right to cross a neighbour’s property on foot or by vehicle
What is a utility easement?
The right for a utility company to enter your property for maintenance of underground pipes or cables
What is a right to light (easement)?
A right to prevent a neighbour from building anything that would block sunlight from your property
How are easements created?
- Express grant (written agreement between landowners)
- Prescription (Long term, continuous and open use of the land without objection)
- Necessity (essential for access to land that would otherwise be landlocked)
Is an easement permanent, and does it run with the land?
Yes to both (it transfers with the ownership of the property)