Easements and Similar Rights An easement is a property right enjoyed by one property over an adjoining property. It must benefit the property concerned as such. It cannot be a benefit conferred on the owners or occupiers in a personal capacity. An example is a right of way, which affords access to one property, over […]
Accommodates Land An easement must accommodate the land which it benefits. Accommodation refers to enhancements by reason of a connection between the easement and the land concerned. The connection must be with the ordinary use of the land benefited. This may be a residential, business or other use. The fact that the rights enhance the […]
Terms of Easement Grant The terms of the easement depend on the deed which grants it, the circumstances in the case of implied easements and the nature of the established long use, in the case of acquisition by prescription. Rights of way vary, from rights of way by foot to rights of way for large […]
Water Rights A landowners’ riparian rights are natural rights arising from his ownership of land containing or adjoining a body of water. Natural rights may be varied or supplemented by easements acquired in the usual ways. The easements may allow water to be diverted and taken. There may be a right of drainage of water. […]
Overview of Acquisition Easements may arise by a number of means. They may be granted by deed, by the owners of the land affected in favour of the owners of the land benefited. They may arise by implication, even if not expressly granted. The implication may either reflect the presumed intention of the parties or […]
Long Use/Prescription. An easement may be acquired by long use. This is analogous to the process by which title to land is acquired by adverse possession (squatting). The law on the acquisition of easements by long use (or prescription) was reformed and modernised in 2009. The 2009 reforms require that a person who seeks to […]
Nature of Profits a Prendre. A profit a prendre is a right to take something from the land of another. It is a proprietary right and has certain similarities to an easement. However, unlike an easement, it may, but need not attach to or accommodate/benefit adjoining land. Profits a prendre may relate to anything which […]
Sporting rights. The ownership of land carries the right to kill and capture wild animals on it and to fish in its waters. The rights, or any of them, can be separated from ownership of land by the creation of a profit in favour of a third party. These common law rights are limited by […]
