Easements essay lawteacher

-- Commission proposes that where an easement is attached to a leasehold estate, the easement should be automatically extinguished on termination of estate. --Proposes to extend the jurisdiction of the Lands Chamber of the upper Tribunnal to amend easements to meet the demand of present days.

An additional requirement to be fulfilled is that the user must be by or on behalf of a fee simple owner against a fee simple owner. The requirements are also more specific. The user must be against a fee simple owner of the servient tenement and the dominant tenement user must be by or on behalf of a fee simple owner.

Easements are proprietary rights attached to land that one land(dominant tenament) owner enjoys over the land(servient tenament) of another and capable of existing both at law and equity.Posetive easements give dominant landowner a right to do certain things in the servient tenament and negetive easements give the dominant landowner a right to ...

In order for the easement/profit à prendre to be valid the right must confer a benefit on the dominant land, not simply the person who owns the dominant land. This may seem an artificial distinction, because land cannot be said, as a matter of common sense, to “enjoy” benefits accruing from easements or profits à prendre.