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Easement" defined. Previous Next. An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own ...
Right to air, light, and right of way are some basic examples of easement property rights. Dominant heritage and dominant owner- The landowner that enjoys certain rights over the property that is not owned by them legally is known as the dominant owner.
Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment.
Affirmative easements are the most common. They allow privileged use of land owned by others.
An easement can be created in one of three ways: by an express grant or reservation, by implication, and by prescription.