Easement For Landlocked Property
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FAQ
A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.
If the easement is not registered it will exist as an equitable easement. In some circumstances an easement will only exist as an equitable right. An example being where a contract was entered into to grant an easement, but it was never completed.
131 sets out the four essential characteristics of an easement which are as follows:There must be a dominant and servient tenement;The easement must accommodate the dominant tenement;The dominant and servient owners must be different people;The right must be capable of forming the subject matter of a grant.
Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property.
Primary tabs. A parcel of land that does not have access to a public roadway and can only be accessed by crossing another's property. Owners of landlocked property may be able to gain street access through an easement.
