What is an Easement?
MG Legal, Conveyancers in Manchester, see Easements as being like vouchers or IOU’s. The Land Owner gets a right (or a voucher) to use, or in some cases not use, the land in a certain way. For example, the land may grant you one voucher to cross next doors land.
However; certain conditions must be met before an easement can exist, namely:
(a) As is every relationship one must get it better than the other! That is; there must be a piece of land that gets the benefit of the land (dominant) and a piece of land that has the burden of it (servient).
(b) The right must benefit the dominant land
(c) the dominant and servient (…get your head out of the Gutter we are not talking 50 Shades, we’re talking pieces of land!) must not both be owned and occupied by the same person; and
(d) the right must be capable of being granted by deed, so therefore they must usually be:
(i) within the general nature of rights capable of being easements, and
(ii) sufficiently definite.