ABSTRACT

Easements comprise the rights that one landowner may exercise over the land of their neighbour. The Law Commission has proposed significant reform of the law of easements. It is often said that easements can either be positive or negative in character. This chapter provides some questions on the law of easements. It is essential to the understanding of the law of easements that the student appreciates that every easement has two aspects: one landowner will enjoy the benefit of easement and another will be subject to its burden. The law of easements are regarded as the private law equivalent to public planning law as where an easement prevents the owner of land from doing something on their own property. Easements are proprietary rights and therefore confer benefits on land, not persons. Every easement must accommodate the dominant tenement. Many easements authorise a neighbour to use the land subject to easement in a way that would otherwise be a trespass.