Characteristics of easements
- Dominant and servient tenement: for an easement to subsist there must be adjacent parcels of land where one serves the other
- Owned or occupied by different persons: the dominant and servient tenements must be owned and occupied by different persons.
- Accommodate the dominant tenement: the easement must accommodate the dominant tenement i.e. enable the tenement enjoy the right or rights in question.
- 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.
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