Definition of user: the exercise of a right to the enjoyment of property
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Real Property Law Easements Definition of user: the exercise of a right to the enjoyment of property. Interference (breach of) with an easement amounts to an action in trespass. Definition An easement is a right in alieno solo (over the land of another). Circumstances can arise in which a landowner may wish to grant certain rights over his land to another person that fall short of a grant of possession. One may wish to grant his neighbor of the adjoining land: The right to pass and repass over his land on foot or with vehicles (an easement of way) A right to lay pipes under his land and to convey water or sewage He may agree to build on a defined portion of his land so as to ensure that light continues to reach his neighbors windows (an easement of light) He may agree not to pull down his own portion of a duplex house so as to withdraw support from his neighbors portion (an easement of support).1 Interference with an easement may give rise to an action for damages in nuisance or trespass, and for an injunction2 to restrain further interference. NB. The usage of the word ‘positive’ and ‘negative’. A right is positive if it requires expenditure of money by the grantor; it is negative if it does not require expenditure. The general rule is that the law does not recognize positive easements in this sense- in other words, a right will not be held to be an easement if it requires expenditure of money by the grantor. The one exception to this is the easement of fencing, which requires the grantor to maintain a fence for the benefit of the grantee; this easement is well accepted, but it is anomalous, and has been called a ‘spurious easement’. NB. Easement is a right in rem- thus it is binding against the whole world. Download 50.55 Kb. Share with your friends:
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