Tuesday, January 29, 2013

Violation of Easementary Rights

Violation of Easementary Rights

An easement is a privilege, without which the owner of one tenement has a right to enjoy in respect of that tenement in or over the tenement of another person, by reason where of the latter is obliged to suffer or refrain from doing something on his own tenement for the advantage of the former.
The following six characteristics are essential for an easement-
(a) There must be a dominant and survient tenement
(b) An easement must accommodate the dominant tenement
(c) The rights of easement must be possessed for the beneficial enjoyment of the dominant tenement.
(d) Dominant and survient owners must be different persons.
(e) The right should entitle the dominant owners to do and continue to do something or to prevent and continue to prevent something being done, in or upon, or in respect of, the servient tenement; and
(f) The something must be of a certain or well defined character and be capable of forming the subject matter of a grant.
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