EASEMENT
An easement is a legal right to use another's land for a specific limited purpose such as a right of way. It is a Common Law property right. Simply put, it is a legal right of passage over another's property.
There are two “types” of easements; Positive Easement and Negative Easement.
Easement is a right attached to land which allows the owner of that land (dominant owner) to use the land of another person (servient owner) in a particular manner (positive easement) or restrict its user by that person to a particular extent (negative easement)
An easement is a right to cross or otherwise use someone else's land for a specified purpose, for example, to: lay electricity or telephone cables, maintain water, drainage and gas supplies, walk or drive across the land to get access to other land. Easements also includes a right to park a given motor vehicle on the servient land, provided that it is exercised in a manner which is civil and is exercised only to satisfy those needs which are reasonably incidental to the enjoyment of the dominant tenement
Easements can also prohibit the owner of the land from using their land in certain ways which could interfere with the rights of neighbours - for example by building tall structures which would reduce light in adjoining properties. If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial.
Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession. Easements are transferrable and transfer along with the dominant tenement.Easements can also be terminated. This right is distinctively different from Trespass to Lan
See Mannign v Walshdale, Okunzua v Amosun
FROM THE DIRECTORATE OF RESEARCH
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