ABSTRACT

This chapter considers the issue of easements and profits a prendre. Easements and profits are interests in land and are property rights that a person has over land held by someone else. The chapter begins by considering what easements and profits are, what the essential characteristics of easements are, how they are created and how they bind the original parties. This will be followed by a consideration of how easements are protected, how they bind the neighbour's land and how easements can be enforced against successors in title. The chapter also considers the Law Commission's report and recommendations for changes to the area of easements. It explains how easements are passed to successors in title. The chapter analyses and applies the law in the context of the law of easements and profits in order to advise the owners/occupiers of either the servient or dominant tenement as to whether a potential easement or profit can be enforced.