ABSTRACT

Easements and profits à prendre are special interests of a limited nature which the common law recognises that a person may have in the land of another person. These are similar to the secondary rights which custom often recognises that persons other than the custom owners may have in custom land (see earlier). Easements are of two kinds: positive and negative easements. Positive easements allow a person to do something on another person’s land, for example, to walk over the land, to lay drains in the land. Negative easements allow a person to stop the owner of the land from doing something on that land, for example, erecting a fence or structure over a certain height, constructing a building in a certain place or near a certain boundary.