Characteristics of easements

Characteristics of easements

1. Dominant and servient tenement: for an easement to subsist there must be adjacent parcels of land where one serves the other
2. Owned or occupied by different persons: the dominant and servient tenements must be owned and occupied by different persons.
3. Accommodate the dominant tenement: the easement must accommodate the dominant tenement i.e. enable the tenement enjoy the right or rights in question.
4. Subject matter of grant: the circumstances must be such that the easement is capable of forming the subject matter of the grant, i.e. there must be a capable grantor
   and grantee. The rights must be specific and must belong to a class capable of being granted.