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View the related practice notes about Corporeal hereditament

Easements—nature and characteristics

Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title.Easements are usually positive, giving the dominant owner the right to enter or use the servient land in some way (eg a right of way). However, they can be negative preventing something being done on the servient land and so giving the dominant owner the right to receive something from the servient land (eg a right to light).Easements can be legal or equitable and they can be created by express or implied grant or by statute or arise by prescription or long user. See: Checklist for the creation and registration of easements.Easements are different from:•natural rights arising by law from the ownership of land (eg a right to continuance of an accustomed flow of water in a natural channel bordering land)•profits à prendre which are the right to take something from the servient land•rights of common which...

Glossary of Property Terms

Glossary of Property Terms A Absolute title One of the classes of title available in relation to registered land. Note Absolute title is the best class of title that can be granted: it indicates that there is nothing (apart from entries in the register of title and any overriding interests) that affects the registered proprietor’s ability to deal with the land. Abstract (of title) A summary (prepared and certified by a lawyer) of the contents of the title deeds relating to a particular property. Acquiring authority See Compulsory purchase. Act of Parliament Law approved by both Houses of Parliament (in the form of a written Bill) that has received Royal Assent. Sometimes referred to as primary legislation. See also Secondary legislation. Adoption The legal mechanism by which a highway in private ownership becomes a highway maintainable at the public expense. Note One of the consequences of adoption is that the local highways authority acquires title to the surface of the highway and sufficient subsoil beneath it to...