Easements

Possession and security are 2 of a finite number of recognised interests in land, others include a
profit a prendre and easements.

The exclusivity of property rights is illustrated by Keppell v Bailey.

An easement is sometimes called a servitude as it requires both a servient and dominant tenement
where the servient tenement is in some way burdened for the benefit of the dominant tenement.

The most common and familiar easement is the right of way, the provision of access to the dominant
tenement through the servient tenement.

This is a positive easement as it permits an activity that would otherwise be a trespass or a nuisance.

Re Ellenborough Park – Discusses the requirements for a valid easement. Four characteristics agreed
upon... there must be both a servient and dominant tenement, the agreement must “accommodate”
the dominant tenement, the servient and dominant tenement must have different owners and the
right over land must be capable of forming the subject matter of a grant.

Phipps v Pears – Denning, “every man is entitled to cut down his trees... even if it leaves you without
shelter from the wind or shade from the sun”. Held that the defendant was entitled to tear down
building, there is no such thing as an easement to be protected from the weather.