e two parcels of land affected by each and every easement. In other word, 'A' cannot grant an easement over his property to 'B', unless 'B' owns a piece of property either adjacent to 'A'’s or sufficiently near 'A'’s, which is to benefit from the easement. Attempting to create an easement without attachment to a parcel of land iAt Common Law, the Doctrine Of Privity Of Contracts states that only the parties to a contract can enforce the rights under it. This Doctrine, however, does not apply to contracts which create an interest in land. Therefore, if 'A' grants a right of way over his property to 'B', and 'A' then sells his property to 'C', 'C' is bound by the agreement between 'A' and 'B' if he had notice of it before he bought. As a result, interests in land are said ‘to run with the land’. In order to be enforceable, of course, agreement creating an interest in land, such as the aforesaid right of way, must be registered on title.

One important classification of an interest that attaches to a parcel of land as opposed to an individual, and which therefore runs with the land, is that created by an easement. In its simplest form, an easement is a privilege acquired by a landowner for the benefit of his land over the land of another. The land receiving the benefit is the dominant tenement, and the land over which the right is exercisable is the servient tenement. Real property law stipulates that, in order to constitute an easement, three elements must be present:

[ ] There Must Be A Dominant And Servient Tenement.

Simply put, this means that there must be two parcels of land affected by each and every easement. In other word, 'A' cannot grant an easement over his property to 'B', unless 'B' owns a piece of property either adjacent to 'A'’s or sufficiently near 'A'’s, which is to benefit from the easement. Attempting to create an easement without attachment to a parcel of land is

'C', 'C' is bound by the agreement between 'A' and 'B' if he had notice of it before he bought. As a result, interests in land are said ‘to run with the land’. In order to be enforceable, of course, agreement creating an interest in land, such as the aforesaid right of way, must be registered on title.

One important classification of an interest that attaches to a parcel of land as opposed to an individual, and which therefore runs with the land, is that created by an easement. In its simplest form, an easement is a privilege acquired by a landowner for the benefit of his land over the land of another. The land receiving the benefit is the dominant tenement, and the land over which the right is exercisable is the servient tenement. Real property law stipulates that, in order to constitute an easement, three elements must be present:

[ ] There Must Be A Dominant And Servient Tenement.

Simply put, this means that there must be two parcels of land affected by each and every easement. In other word, 'A' cannot grant an easement over his property to 'B', unless 'B' owns a piece of property either adjacent to 'A'’s or sufficiently near 'A'’s, which is to benefit from the easement. Attempting to create an easement without attachment to a parcel of land i

classification of an interest that attaches to a parcel of land as opposed to an individual, and which therefore runs with the land, is that created by an easement. In its simplest form, an easement is a privilege acquired by a landowner for the benefit of his land over the land of another. The land receiving the benefit is the dominant tenement, and the land over which the right is exercisable is the servient tenement. Real property law stipulates that, in order to constitute an easement, three elements must be present:

[ ] There Must Be A Dominant And Servient Tenement.

Simply put, this means that there must be two parcels of land affected by each and every easement. In other word, 'A' cannot grant an easement over his property to 'B', unless 'B' owns a piece of property either adjacent to 'A'’s or sufficiently near 'A'’s, which is to benefit from the easement. Attempting to create an easement without attachment to a parcel of land i

dominant tenement, and the land over which the right is exercisable is the servient tenement. Real property law stipulates that, in order to constitute an easement, three elements must be present:

[ ] There Must Be A Dominant And Servient Tenement.

Simply put, this means that there must be two parcels of land affected by each and every easement. In other word, 'A' cannot grant an easement over his property to 'B', unless 'B' owns a piece of property either adjacent to 'A'’s or sufficiently near 'A'’s, which is to benefit from the easement. Attempting to create an easement without attachment to a parcel of land i

e two parcels of land affected by each and every easement. In other word, 'A' cannot grant an easement over his property to 'B', unless 'B' owns a piece of property either adjacent to 'A'’s or sufficiently near 'A'’s, which is to benefit from the easement. Attempting to create an easement without attachment to a parcel of land is referred to as an ‘easement in gross’, and it is not a true easement.

[ ] The Easement Must Accommodate The Dominant Tenement.

It is the land that must benefit from the easement, not merely the landowner. If the owner alone obtains the benefit, then it is not an interest in land. The right would only be a contractual licence, and the Doctrine Of Privity Of Contracts would apply. The test applied by the Courts to determine whether an easement or a licence has been created, is whether or not the right makes the dominant tenement a better and more usable piece of property. For example, a right of way may give better access to the dominant property. In some cases, where the right benefits a long-established trade conducted on the property, this has been held to be sufficient to create an easement. It is important to note that the servient tenement must be close enough to provide a practical benefit, although it does not need to be adjoining to the dominant tenement.

[ ] The Easement Must Be Capable Of Forming The Subject-Matter Of A Grant.

In other words, the easement must be capable of a reasonably exact definition. This means that one must be able to identify its boundaries, and the person granting the easement and the person whose land receives t