ABSTRACT

Jenks, English Civil Law, 4th edn, at [1,167] has defined an easement as: A right, of definite and limited character, annexed to the enjoyment of a corporeal hereditament (‘dominant tenement’) by reason whereof the occupier of another corporeal hereditament (‘servient tenement’) is bound to permit the person in whom the right is for the time being vested to do something on, in or over the servient tenement, other than taking corporeal substance, or whereby the owner or occupier of the servient tenement is bound to abstain from exercising one or more of the ordinary rights of ownership or occupation, or, in rare cases, to do something, for the benefit of the occupier of the dominant tenement.