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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.
An easement is a right possessed by one person over an adjoining parcel of land owned by his neighbour. Easements usually relate to rights of way, rights of access, rights of light and rights of support.
An easement can only be implied where both the dominant and servient tenements have been in common ownership. An implied easement can arise on the grant of a lease, but it is limited to the actual continuance of the lease. The right claimed must be capable of forming the subject matter of an easement.
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.
If land has been used for long enough openly by a non-owner without permission from the owner then a grant of easement may be made that allows continued use in this way. The qualifying time period during which the land must have been in continuous use is 20 years.