ABSTRACT

Easements can be created by way of grant or reservation either expressly or impliedly, or through prescription. An easement is a right to use someone else's land. The most common type of easement is a right of way over someone else's property. Any right that amounts to exclusive possession of the burdened property or that allows the benefiting owner to take anything from the land cannot be an easement. The rule in Wheeldon v Burrows has the effect of turning a quasi-easement into an easement. A quasi-easement is a use of land that would become an easement if it was in separate ownership from the benefited landowner. Equitable easements created before 1 January 1926 are bound by the doctrine of notice and as such binding on anyone except a bona fide purchaser for value without notice of the legal estate in the land.