With reference to property law:
(i) Explain the term “Servitudes”.
(ii) Discuss the essential characteristics of an easement.
These are rights in alieno solo i.e. rights conferring a power over another person’s estate for the benefit of the right holder or of his estate.
(ii) Characteristics of easements
- Can be created grant or statute.
- Cannot be revoked at the will of grantor if created statute.
- They confer a right on another’s land.
- There must be a dominant and servient tenement.
- The easement must accommodate the dorminant tenement.
- The dorminant and servient tenements must be owned or occupied different persons.
- The easement must be capable of forming the subject matter of the grant e.g. there must be a capable grantor or grantee.