LAW OF PROPERTY Question and Answer

Question

With reference to property law:
(i) Explain the term “Servitudes”.
(ii) Discuss the essential characteristics of an easement.

Answer 

(i) Servitudes

These are rights in alieno solo i.e. rights conferring a power over another person’s estate for the benefit of the right holder or of his estate.

     (ii)   Characteristics of easements

• Can be created by grant or statute.
• Cannot be revoked at the will of grantor if created by statute.
• They confer a right on another’s land.
• There must be a dominant and servient tenement.
• The easement must accommodate the dorminant tenement.
• The dorminant and servient tenements must be owned or occupied by different persons.
• The easement must be capable of forming the subject matter of the grant e.g. there must be a capable grantor or grantee.