ABSTRACT

An easement is a right in alieno solo (over the land of another). Circumstances can arise where a landowner may wish to grant certain rights over his land to another person, which fall short of a grant of possession. For example, he may wish to grant to an adjoining landowner a right to pass and repass over his land on foot or with vehicles (an easement of way); or a right to lay pipes under his land to convey water or sewage; or he may agree to curtail his own rights in favour of another, for example, to agree not to build on a defined portion of his land so as to ensure that light continues to reach his neighbour’s windows (an easement of light); or he may agree not to pull down his own portion of a duplex house so as to withdraw support from his neighbour’s portion (an easement of support).1 Interference with an easement may give rise to an action for damages in nuisance, and for an injunction2 to restrain further interference.