Easements

J Define an easement and describe the main characteristics under Re Ellenborough Park (1956)

J Compare an easement with other rights in land, including a restrictive covenant, a licence in land and a profit à prendre

J Understand the various ways that an easement can be granted, including the implied grant of an easement

J Explain how easements can be acquired under the rules of prescription J Discuss the reform of easements introduced under the Land Registration Act

10.1.1 Definition of an ‘easement’ Although land may be owned at law by one person, it is possible that others will enjoy rights over that land. These are known as easements, or alternatively servitudes, and they consist of a right to use, or restrict the use of, the land of another person in some way, for example a right of way, a right to light and a right to water flowing through your neighbour’s land. A wide range of rights have been held to constitute easements. There is no closed or settled definition of the type of rights that can form the subject-matter of an easement. Instead, there are four essential characteristics of easements and if any of these characteristics is missing then the right claimed will not be capable of existing as an easement. It is important that these characteristics are clear. The rights are very valuable and since easements can take effect at law they will bind any owner of the land.