ABSTRACT
An easement is an intangible right over land, traditionally classified as a form of real property. Easements are also known as ‘incorporeal hereditaments’. Incorporeal hereditament is an old Roman term, used to describe rights which do not have any substantial existence but which are nevertheless proprietary because they relate to and are enforceable over real property and are capable of being inherited. Easements are enforceable through real actions; hence, despite their incorporeal nature, they are considered to constitute a form of real property, because the owner of land which is subject to the benefit of an easement is entitled to enforce the right which is the subject matter of the easement against the owner of the burdened land and this right is enforceable against the rest of the world. Easements come in a variety of forms and cover an increasing range of rights. One of the primary and defining characteristics of the easement is that it does not constitute a possessory right; the holder of an easement may exercise certain rights over the land, but those rights are not possessory. Where the right to take possession of land is conferred, the right is properly described as a lease rather than an easement.
