Easement Rights For Property Owners
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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.
An easement is a right to cross or otherwise use someone else's land for a specified purpose, for example, to: lay electricity or telephone cables. maintain water, drainage and gas supplies. walk or drive across the land to get access to other land.
Being proprietary in nature, easements do not need to be annexed to the land or to satisfy particular equitable tests in order to run with the land: all that needs to be established is that the requirements for a valid easement exist and that the easement has been properly created.
The dominant land is the land owned by the owner of the right the farmhouse in our above example. The easement is described as appurtenant to the dominant land. The servient land is the land which bears the burden of the easement, and in our example would be the fields running down to the road.