Easements Act, 1882

An easement is a right granted to a person (the dominant owner) to use or enjoy the land of another person (the servient owner) in a specific manner.

There are different types of easements, including positive easements (the right to do something on the servient owner's land), negative easements (the right to prevent the servient owner from doing something on their land), appurtenant easements (easements that benefit a specific piece of land), and in gross easements (easements that benefit a person, not a specific piece of land).

An easement can be created by express grant (a written agreement between the dominant and servient owners), by implication (when an easement is necessary for the enjoyment of the dominant owner's land), by prescription (when an easement has been used openly and continuously for a long period of time), or by necessity (when an easement is essential for the use of the dominant owner's land).

The dominant owner has the right to use the easement in a reasonable manner, the servient owner has the duty to allow the dominant owner to use the easement, the dominant owner has the duty to maintain the easement, and the servient owner has the right to prevent the dominant owner from using the easement in an unreasonable manner.

An easement can be terminated by agreement between the dominant and servient owners, by abandonment (when the dominant owner stops using the easement), by merger (when the dominant and servient estates become united in the same owner), or by prescription (when the servient owner prevents the dominant owner from using the easement for a long period of time).

An easement is a right, while a license is a permission; an easement is created by grant, while a license is created by agreement; an easement is permanent, while a license is temporary; and an easement is assignable, while a license is not.

An easement is a right to use the land of another person, while a profit à prendre is a right to take something from the land of another person; an easement is created by grant, while a profit à prendre is created by prescription; an easement is permanent, while a profit à prendre is temporary; and an easement is assignable, while a profit à prendre is not.

The remedies for a breach of an easement include injunction (an order from a court requiring the servient owner to stop interfering with the dominant owner's use of the easement), damages (compensation for the dominant owner's losses), specific performance (an order from a court requiring the servient owner to perform their obligations under the easement), and rescission (a court order canceling the easement).

The Easements Act, 1882 provides a legal framework for the creation, transfer, and termination of easements, protects the rights of both dominant and servient owners, helps to resolve disputes between dominant and servient owners, and promotes the efficient use of land.

Common examples of easements include right of way (the right to pass over the land of another person), right to light (the right to receive light from the windows of a building), right to water (the right to take water from the land of another person), and right to support (the right to have the land of another person support a building or other structure).

Limitations on the creation of easements include that an easement cannot be created for an illegal purpose, an easement cannot be created for a purpose that is contrary to public policy, an easement cannot be created for a purpose that is impossible or impractical, and an easement cannot be created for a purpose that is vague or uncertain.

An easement is a right, while a covenant is an obligation; an easement is created by grant, while a covenant is created by agreement; an easement is permanent, while a covenant is temporary; and an easement is assignable, while a covenant is not.

An easement is a right, while a servitude is an obligation; an easement is created by grant, while a servitude is created by law; an easement is permanent, while a servitude is temporary; and an easement is assignable, while a servitude is not.

An easement is a right to use the land of another person, while a lease is a right to possess the land of another person; an easement is created by grant, while a lease is created by agreement; an easement is permanent, while a lease is temporary; and an easement is assignable, while a lease is not.