Easement: An easement is a proprietary right that grants a landowner the limited use or enjoyment of another person's land. It can take the form of either a positive easement, which allows the holder to do something on the servient land, or a negative easement, which restricts the servient landowner from doing certain activities to benefit the dominant land. As a proprietary right, an easement is attached to the land and can be transferred or inherited, distinguishing it from mere personal rights or licences.
Dominant Tenement: The parcel of land that benefits from the easement. It is the land over which the easement is exercised and which enjoys the limited use or restriction granted by the easement. The dominant tenement must be in separate occupation from the servient tenement and is the land that gains the benefit of the easement.
1. Which law facilitates the automatic transfer of certain easements into full legal rights upon land conveyance?
2. Which of the following best describes a key property characteristic of easements?
3. What is an easement primarily understood to be in land law?
Easement — definition?
A proprietary right to limited land use.
Dominant Tenement — role?
Benefiting land over which easement is exercised.
Servient Tenement — role?
Burdened land that bears the easement.
Positive Easement — function?
Allows doing something on servient land.
Negative Easement — function?
Restricts certain activities on servient land.
Creation of easements — methods?
Express, implied, long user, statutory.
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