Ways in which an easement may be created

An easement may be created in the following ways:

  • Express grant or reservation: this is a situation wherethe proprietor of land or lease gives an easement over his land or land comprised in the lease. The transaction is effected execution of an instrument in a prescribed form.
  • Statute: the public roads and roads of Access Act give the minister power to create easements.
  • Prescription: a person acquires an easement over anothers land through uninterrupted usage for 20 years with knowledge of the owners. Such an
    easement must be registered against the servient tenement.
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