ABSTRACT

Easements are legal rights which a landowner enjoys over another neighbouring land. Licences are very close to easements, and it is sometimes difficult to distinguish between these two. For instance, a temporary easement granted for a certain time at the end of which the benefited land would no longer benefit from it, such as where the benefited land would have its own parking that can be accessible from the public road as a result of a new extension of the road. An easement can be created by prescription, i.e., by long usage. The benefit of an easement will be enforceable by the purchaser of a dominant land, since it is a proprietary right, not a personal one. All legal easements are interests that override a first registration of the servient land.