An easement is a right which benefits a piece of land, otherwise known as the dominant land.
This right is enjoyed over another piece of land owned by someone else - this is known as the servient land.
An easement normally allows the dominant land owner to do something on servient land, such as travel or run services over it.
This is known as a positive easement.
Examples of positive easements are:
- Use of water pipes or drains.
- Use of gas pipes or electricity wires.
- Passing over a path, road or way.
- Discharge of water into a watercourse.
On the other hand, an easement can be negative when the dominant land owner has the right to limit what the servient owner may do on the land.
An example of a negative easement is where the servient owner is not permitted to construct buildings that would interfere with someone’s right to light.
Further examples of negative easements are:
- A right of air.
- A right of support from a building.
- A right to receive a flow of water for an artificial stream.